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UNIVERSITY OF 
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BOSTON SLAVE RIOT, 


° 


CUNTAINISG 4G 


‘REPORT OF THE FANEUIL HALL MEETING ; THE MURDER OF BATL.: 
ELDER; THEODORE PARKER’S LESSON FOR THE DAY ;\ SPEECHES 
OF COUNSEL ON BOTH SIDES, CORRECTED BY THEMSELVES; 
"A VERBATIM REPORT OF JUDGE LORING’S DECISION; AND 

DETAILED ACCOUNT OF THE EMBARKATION, 


' 


BOSTON: 
FETRIDGE AND COMPANY. 
1854. 


TRIAL OF ANTHONY BURNS. 


‘ 


ei “THE ALLEGED FUGITIVE SLAVE. 


: ‘ 
i 


5 THE ARREST. 


( 

On Wednesday evening last, about eight o’clock, Anthony Burns, colored, 
while walking in Court street, was taken into custody by officers Coolidge, Ri- 
ley, and Laighton, under the orders of Watson Freeman, United States Marshal, 
and by virtue of a warrant issued by United States Commissioner Edward G. 

Loring, authorizing the arrest of Burns, as an alleged fugitive from the “service 
and labor” of Charles F. Suttle, a merchant of Alexandria, Va. The arrest was 
made very quietly, and he was escorted to an upper room in the court house, - 
where, under a strong guard of officers, he was kept for the night, and the intel-' 
\ ligence of his arrest did not transpire until the following morning. 

Burns, who is about thirty years old, has for some time been in the employ of 
Coffin Pitts, clothing dealer, No. 36 Brattle. street. He is a shrewd fellow and 
his story of the manner of his leaving Alexandria is curions. After acquitting 
his master of all suspicion of cruelty, he stated that leaving him was the result 
of accident — that one day, while tired, he laid down on board a vessel to rest, 
_ got asleep, and that during his slumbers, the vessel sailed! Burns, at one time 
-*  after,his arrest, expressed a willingness to return with his master, but he was 
induced by his advisers to make his claimants show their authority for his re- 

turn. 3 


=~ 
x 


' 4 : THE EXAMINATION. : 


Ni tet ‘ { a . ¢ 

- On Thursday, at nine o’clock, the United States Marshal made return of his 
doings to the Commissioner, who proceeded to investigate the case. Messrs. _ 
Seth J. Thomas and Edward G. Parker appeared as covnsel for the claimants, 
and Messrs. Richard H.-Dana, Jr.,.Charles-M. Ellis and Robert Morris volun- 
teered as counsel for the alleged slave. The official papers — embracing the 
‘customary powers of attorney, &c., from the court in Alexandria — having been 
read, Mr. Parker read the complaint, of which the following is a copy : — 


United States of America, Massachusetts District, ss 


To the marshal of our District of Massachusetts, or to either of his deputies. 
. Greeting. © 
In the name of the President of the United States of America, you are here- 
by commanded forthwith to apprehend Anthony Burns, a negro man, alleged 


6. 


now to be in your District, charged with being a fugitive from labor, and with 
having escaped from service in the State of Virginja, if he may be found in 
your precinct, and have him forthwith before me, Edward G. Loring, one of the 
Commissioners of the Circuit Court of the United States for the said District, 
then and there to answer to the complaint of Charles F. Suttle, of Alexandria 
in the said State of ‘Virginia, merchant, alleging, under oath, that the said An- 
thorly Burns, on the twenty-fourth day of March last, did, and for a Jong time 
_prior thereto had owed service and labor to him, the said Suttle, in the State of 
irginia, under the laws thereof; and that while held to service there by said 
Suttle, the said Burns escaped from the said Staté of Virginia into the said State 
of Massachusetts ; and that said Burns still owes service and labor to said .Sut- 
tle, in the said State of Virginia, and raying that said Burns may Be restored to 
him, said Suttle) in said State of Virginia, and that such further proceedings may 
then and there be had in the premises as are by law in such cases provided. Here- 
of fail not, and make due return of this writ, with your doings thereto, before me. 
Witness my hand and seal, of Boston aforesaid, this twenty-fourth day of 

May, in the year one thousand eight hundred and fifty-four. oa 

EDW. G. LORING, Commissioner. 


United States of America, Boston, Massachusetts District ss., May 25, 1854. 


Pursuant herewith, I have arrested the within named Anthony Burns, and ~ 


now have him before the Commissioner within named, for examination. 
te WATSON FREEMAN, United States Marshal. 

The first witness introduced was William Brent, who deposed as follows : — 

I reside in Richmond, Virginia, am a merchant, have resided there four 
years; know Mr. Charles F. Suttle—he now resides in Alexandria; he is a 
merchant; know Anthony Burns ; now see him at the bar in front ; he is the 
man referred to in the record which has been read; he is owned by Mr. Suttle 
as a slave; he was formerly owned by Mr. Suttle’s mother; Mr. Suttle has 
owned him for the last twelve or fifteen years. I have hired Anthony of Mr. 
Suttle ; this I think was in the years 1846, 1847 and 1848; paid Mr. Suttle for 
his services. I knew that he was missing from Richmond on or about the 24th 


day of March last; have not seen him since until a day or two past. Last : 


night I heard Anthony converse with ‘his master. ; 
Mr. Dana here took occasion to say that he had not been regularly retained 
as counsel, and he addressed the Commissioner as follows:— |. 
May it please your Honor: I arise-to address the court as amicus cura, for I 


cannot say that I am regularly of counsel for the person at the bar. Indeed, ° 


from the few words I have been enabled to hold with him, and from what I can 
learn from others who have talked with him, I am satisfied that he is not ina 
condition to determine whether he will have counsel or not, or whether or not 
and how he shall appear for his defence.’ He declines to say whether any one 
shall appear for him, or whether he will defend or not. n. \ 

Under these circumstances, I submit to your Honor’s judgment that time 
should be allowed to the prisoner to recover himself from the stupefaction of 
his sudden arrest, and his novel and distressing situation, and have opportunity 
to consult with friends and members of the bar, and determine what course he 
will pursue. , ig 

Mr. Parker. I feel bound to oppote the motion. The counsel himself says 
that the prisoner does not wish for counsel, and does not wish for a defence. 
The only object of delay is to try to induce him to resist the just claim which 
he is now ready to acknowledge. The delay will cause great inconvenience to 
my client, the claimant, and his witness, both of whom have come all the way 


from Virginia for this purpose, and will be delayed here a day or two if this 


adjournment is granted. If it were suggested that the prisoner Were insane, out 
of his mind, and would be likely to recover soon, we could not object. As it is 


we do object. , 


4 


‘ ‘Mr. Dana replied. The.counsel for the prosecution misapprehends my state- 
ment. I did not say that the prisoner did not wish counsel and defence. I said 
he was evidently not in a state to say what he wishes to do. Indeed he has 
said that he is willing to have.a trial. But I am not willing to act on such a 
statement as that. He does not know what he is saying. I say to your Honor, 


as a member of the bar, on my personal responsibility, that from what I have 


. seen of the man and from what I have learned from others who have seen him, 


that he is not in a fit state to decide for himself what he will do. He has just 
been arrested and brought into this scene, with this immense stake of freedom 
or slavery for life at issue, surrounded by strangers— and even if he should 
plead guilty to the claim, the Court ought not to receive the plea under such 
circumstances. Phir: nae a babs 

It is but pier that the Court at the other end of the building refused to 
receive a plea of guilty from a prisoner. The Court never will receive this plea 
in a capital case, without the fullest proof that the prisoner makes it deliberate- 
ly, and undersfands its meaning and his own situation, and has consulted with 
a bein ah In a case involving freedom or slavery for life, this Court will not 
do less. 

The counsel for the claimant objects to a delay ; he objects on the ground of 
the inconvenience to which it will put the claimant and his witness, who have 
come all the way from Virginia for this purpose! I ean assure him, I think, 
that he mistakes the character of this’tribunal, by addressing to it such an ar- 
gument as that. We have not yet come to that state in which we cannot weigh - 
liberty against convenience ef freedom against pecuniary expense. We have_ 
yet something left by which we can measure those quantities. . 4 

I know enough of this tribunal to know that it will not lend itself to the hur- 
rying off a man into slavery to accommodate any man’s personal convenience, 
before he has even time to recover his stupefied faculties, and say whether he 
has a defence or not. Even without a suggestion from an amicus curia, the Court 
would, of its own motion, see to it that no such advantage was taken. 

The counsel for the claimant says that if the man were out of his mind, he 
would not object. Out of his mind! Please your Honor, if you had ever rea- 
son to fear that a prisoner was not in full possession of his mind, you would 
fear it in.such a case as this, But I have said enough. I am, dent your 
Honor will not decide so momentous an issue against a man without counsel — 
and without opportunity. a ae Ser oral 

Mr. Ellis urged the postponement én the ground of the importance of the is- — 
sue.. Commissioner Loring informed the prisoner that he was entitled to coun- 
sel, and that if he desired it, time would be given to afford him an opportunity 
to select them. Burns, who seemed somewhat amazed, at length muttered that 


he desired delay, and the further hearing of the case was thereupon postponed 
until Saturday morning. The usual order was issued to the hal to keep 
the prisoner in a place of safety, and the, Court then adjourned. ‘ 


THE PUBLIC MEETING. 


The interest felt in the slave was very general, but the leading -abolitionists 
obtained the use of Faneuil Hall for Friday evening and issued the following 
card, which appeared in all the papers and was placarded throughout the city. 

A Man Krpnappep.— A Public Meeting will be held at Faneuil Hall this 
(Friday) evening, May 26, at 7 o'clock, to secure justice for a man claimed as a 
slave by a Virginia kidnapper, and imprisoned in Boston Court House, in defi- 
ance of the laws of Massachusetts. Shall he be plunged into the hell of Vir- 
ginia slavery by a Massachusetts Judge of Probate ? ‘ 

_ In the evening an immense concourse of people filled the hall, and the meet- 
ing was called to order by Hon. Samuel E. Sewall, and it was organized as 
ollows : — 


e, William B, Spooner, Francis Jackson, 
; arse, Albert G. Browne 


Why, when Henry Clay was,asked whether 
“ 

e will never expect you to do what we hold it 
who had hse mash with Mr. Clay, demand 


- It seems that the Constitution has nothing for 
ive slaves! ° 
a and Mexico as slave States-—when the foreign slave 
th all the appalling horrors of the Middle Passage, and 
dw a vedies of dead Africans, then we may think 
! God grant that we may do so soon! The time 
will pass away, and our children shall have only its 
them wonder at the deeds of their fathérs. For one I 
iberty—in a land which no slave hunter shall dare 
ne reat applause.) . a 
‘presented a series of resolutions, which set forth that 
n outrage not to be. Daccigoned, or tamely submitted , 
decreed, in the late of the Nebraska bill, that 
sah sb lig so, in oa ane of the living God, and on 
orth, we declare that henceforth and forever, no compromises. 
slavery. That nothing so well becomes Faneuil Hall as 
resistance to a bloody and overshadowing despotism. 
God that every man should be free; we'will as God wills; 
L it no man’s freedom is safe unless all men are free. 
a of Walp Je, late Chairman of the Free Soil State Cen- 
counselled “fight.” — 
said :—“ Burns is in the Court House. Is there any law 
1e fugitive slave law received in the House on Tuesday 
thirteen stabs — and was killed. The comproinises are 
maeed tei Nebraska bill. Hereafter let not the 
e the tongue of any true American. It has been said 
Americans are cowards. If we allow Marshall 
2, then the word cowards should be stamped on 
n we go from this cradle of liberty, let us go to 
se. To-morrow Burns will have remained in- 
hope to-morrow to witness in his release. the 
is a ionger -asoalinag slavery, and liberty, and for 


de of | sa x 
glad to hear the applause to this sentiment, that 

. If the city police had been ordered on the 
 lift-a finger in behalf of the kidnappers, 
ssal, Thomas Simms would have been. here in Bos- 
is to determine whether we are ready to do the duty 
(Cheers.) There is now no law in Massachusetts, and 


a 


RE caer ete een 


| 
| 


9 


-— 
when law ceases the people may act in their own sovereignty. I am against 
squatter sovereignty in Nebraska and against kidnappers’ sovereignty in Boston. 
See to it that to-morrow in the streets of Boston you ratify the verdict of Faneuil 
Hall that Anthony Burns has no master but his God. 

The question, he said, was to be settled to-morrow whether we shall adhere to 
the result of the case of Shadrack or the case of Simms. Will you adhere to 
the case of Simms, and see this man carried down State street between two 
hundred men? (No.) I have been talking seventeen years about slavery, and * 
it seems to me I have talked to little purpose, for within three years two slaves 
can be carried away from Boston. Nebraska I call knocking a man down, and 
this is spitting in his face after he is down. When I heard of this case and 
that Burns was locked up in that Court House, my heart sunk within me. 

See to it, every one of you, as you love the honor of Boston, that you watch 
this case so closely that you can look into that man’s eyes. When he comes up 
for trial get a sight at him-—~and don’t lose sight of him. There is nothing 
like the mute eloquence of asuffering man to urge to duty; be there, and I will 
trust the result. If Boston streets are to be so often desecrated by the sight of 
returning fugitives, let us be there, that we may tell our children that we saw it 
done. ‘There is now no use for Faneyil Hall. Faneuil Hall is the purlieus_of 
the Court House to-morrow morning, (cheers) where the children of Adams and 
Hancecs may prove that they are not bastards. Let us prove that we are worthy 
of liberty. % , 

Theodore Parker next spoke, and after some fiery remarks he called the peo- 
ple “fellow subjects of Virginia,” which he said he would take back, when 
they accomplished deeda worthy of freemen. He said that one of the officers 
of the city government told twenty policemen to-day not to lift a finger in sup- 

ort of the slave catchers, and the order was received with cheers. Mayor 

mith was invited to preside at this meeting, and he said he regretted that his 
time was all engaged this evening so that he could not come. His sympathies, 
he said, were all with the slave. They think they can carry Burns off in a cab 
( Voice — They can’t do it; let them try it.) 

Mr. Parker then proposed that when the meeting adjourn it adjourn to meet 
in Court Square to-morrow'morning at 9 o’clock. A hundred voices cried out, 
“no, to-night,” “let us take him out,” “let us, go now,” “come on,” and one 
man rushed frantically from the platform, crying “come on,” but none seemed 
disposed to follow him. Mr. Parker— Those in favor of going to-night will 
taise their hands.” About half the audience raised their hands. Much confu- 
sion ensued, and the persons on the platform seemed bewildered and in hesi- 
tancy how to control the excitement they had raised. The audience were 
shouting and cheering —a voice was heard saying “the slave shall not go out, 
but the men that came here to get him shall not stay in: let us visit the slave 
catchers at the Revere House to-night.” 

After a while sufficient order was restored to allow the chairman to put the 
questions on the resolutions, and they were passed unanimously — and it was 
moved to adjourn. Again cries of “to the Court House” and the “Revere 
House” were heard. The scene was tumultuous in the extreme.. At last Wen- 
dell Phillips again took the platform, and said: 

Let us remember where we are and what we are going todo. You havesaid 
to-night you will vindicate the fair fame of Boston. Let me tell you you won’t 
do it groaning at the slave-catchers at the Revere House — (We'll tar and feather 
them) — in attempting the impossible feat of insulting aslave-catcher. If there 
s aman here who has an arm and a heart ready to sacrifice any thing for the 
freedom of an oppressed man, let him do it to-morrow. (Cries of to-night.) 

If I thought it could be done to-night I would go first. I don’t profess courage, 
but I do profess this: when there is a possibility of saving a slave from the 
hands of those who are called officers of the law, Iam ready to trample any 
statute or any man under my feet to do it, and am ready to help any one hun- 


10 


to do it. He urged the audience to wait until the day time : said that 
= Sao the vaults of the banks‘in State street sympathized with them ; that 
the Whigs who had been kicked once too often sympathized with them. He 
told them that it was in their power so to block up every avenue that the man 
could not be carried off.. He urged them not to balk the effort of to-morrow 
by foolish conduct to-night, giving the.enemy the alarm. You that are ready 
to do the real ‘work, be not carried away by indiscretion which may make ship- 
f our hopes. ; 
The hock tasks won’t keep till to-morrow will never free a slave. (Cries of 
“No!”) ee. 3 | 
».. Mr. Phillips seemed to have. partially carried the feelings of the audience 
with him, ‘ en a man at the lower end of the hall cried out— “ Mr. Chairman, 
[ am just informed that a mob of negroes is in Court square, attempting to rescue 
Burns. I move we’adjourn to Court square. 
. The audience sanediabaly began rapidly to leave the hall, and most of them 
wended their way to Court square. 


ae 
THE ATTEMPTED RESCUE AND LOSS OF LIFE. 


U \ 

The crowd moved from Faneuil Hall to the Court House, and halting on the 
East side endeavored to force'the door on that part of the building, but failing 
in their attempt they ran round to the door on the West side opposite the Rail- 
road Exchange, with loud cries that the fugitive was in that wing of the building, 
and there proceeded with a long plank, which they used as a battering-ram, and 
two axes to break in and force an entrance, which they did, and two of their 


number entered the building, but were quickly ejected’by those inside. The - 


battering-ram was manned by a dozen or fourteen men, white and colored, who 

nged it against the door, until it was stove in. Meantime, several brickbats 
Pad been thrown at the windows, and the glass rattled in all directions. The 
leaders, or those who appeared to act as ringleadears in the melee, continually 
shouted: “ Rescue him!” “ Bring himout!” “ Where is‘he!” &c.&c. The 
Court House bell rung an alarm at half past nine o’clock. At this.point reports 
of pistols were heard fn the crowd, and firearms, we understand, were used by 
those within the building, but whether loaded with ball or not we cannot say. 
During this struggle some thirty shots were fired by rioters, and the most intense 
excitement prevailed. The whole square was thronged with people. The 
Chief of Police, Taylor, was upon the ground with a full force of the Police, to - 
stay the proceedings of, the mob, now pressing still more reckless and threat- 
ening. Mr. Taylor pressed through the excited multitude, and, with great 
heroism, seized several men with axes in their hands, while breaking down the 
Court House door. , : 

At the time the mob beat down the westerly door of the Court House, several 
men, employed as United States officers, were in the passage-way, using their 
endeavors to prevent the ingress of the crowd, and, among the number was Mr. 
James Batchelder, a truckman, in the employ of Colonel Peter Dunbar, who, 
almost at the instant of the forcing of the door, received a pistol shot, (evidently 
a very heavy charge,) in the abdomen. Mr. Batchelder uttered the exclamation, 
“[m stabbed,” and falling backwards into the arms of watchman Isaac Jones, 
expired almost immediately. The unfortunate man resided in Charlestown, 
where he leaves a wife and one or two children to mourn his untimely fate. 

At the time of forcing the door, and just as the fatal shot-was fired, one of the 
rioters who was standing on the upper step, exclaimed to the crowd, “ You 
cowards, will you desert us now!” At this moment, the exclamation of Mr. 
Batchelder, “ I’m stabbed!” was heard, and the rioters retreated to the opposite 
side of the street. ov 

In the meantime a white man rushed into the crowd and distributed several 


’ 
. 


/ 


: Be a Rha? a 


meat axes, with the blades enveloped in’ the original brown papers. Two of 
three of these axes were subsequently picked up by the officers; and were 


‘deposited in the Centre Watch House. 


After the arrests had been made, the erowd, although excited, remained quiet, 
but a new element was introduced by the arrival of a military company. The 
Boston Artillery, Captain Evans, were in the streets for their usual drill. When 
they marched up Court street, the mob at once supposed them to be the United 
States Marines, come to preserve order; and they were at once saluted with 
hisses, groans, and other marks of derision. Captain Evans seeing an excited 
crowd, and not knowing any thing of the disturbance, immediately marched his 
men down the West side of the Court House, and halted in the square, the 
crowd giving way. When the cause of the appearance of the company was 
explained, the crowd gave them three cheers, one the company departed. : 

A large force of officers were detailed for duty during the night outside the 
Court House, and throughout the whole evening and night an additional strong 
force was inside, fully armed for an emergency. 

During this scene, the judges of the Supreme. Court, the Attorney General of 
the Commonwealth, and the Sheriff of Suffolk were in the building awaiting the 
return of the jyry in the Wilson case, who were td come in at 11 o'clock. Some 


‘. members of the jury, who put their heads out pf the window to see what was 


going on, were fired at, and the balls in one or two instances, struck quite near 
them. The windows of the Justice’s court room were completely riddled by: 
bullets discharged from without. « barre ies Sobre 

Marshal Freeman had a very narrow escape, a ball having struck the walfi 
quite near him, while he was leading his men upto repulse the individuals who- 
had broken in. His son was present and displayed great courage. nee 

During these outrages upon the Court House, the Chief of Police sum: 
his men to protect the peace in the square, and with the assistance of only five 
men, rushed into the crowd before the door, and succeeded in atresting and bear- 
ing off to the watch house, the following persons: Reg pate Shs 

A. G. Brown, Jr., American, 23 years of age, riotious conduct ; John J. Roberts 
Amerizan, 25 years of age, breaking a gas lamp in the square; Walter Phin- 
ney, colored, 36, and John Wesley, colored, 26, riotous conduct ; Wesley Bisho 
30, colored, disturbing the peace ; Thomas-Jackson, 42, colored ; Henry Howe, 
22; Martin Stowell, 30; John Thompson, 27, for disturbing the peace. oie 

The Mayor was notified by his Chief of Police of the state of affairs, and he. 
at once issued an order on Colonel Cowdin for two com anies of artillery. At 
twelve o’clock the Boston Artillery, Captain Evans, adie Columbian Artillery, — 
Captain Cass, came to the aid of the civil authorities. Their presence served, 
to restore quiet, and Court Square was soon deserted by the rioters. Captain, 
Eyans’s command was stationed in the City Hall for the hight, and Captain. 
Cass’s company took quarters in the Court House. At half past twelve o’clock, 
the square was deserted. 

The Boston Artillery numbered 40 guns, and the Columbian. Artillery ap- 
peared in full ranks. oud 

During all this while there were three or four carriages standing in.Court 
square, all of which were closely watched by the crowd, for fear that“ Burns 
might be secretly brought from the Courf House, and suddenly*driven off. At 
one time a number of persons started off from the square with the intention, as~ 
we infer from their language and remarks, to drum up assistance for further- 
operations later in the night. 

Prominent among the crowd were seen the leading speakers at the meeting. © 
in Faneuil Hall. i : 

During the tumult, a number of our most respectable citizens called at the. 
police oifice, and tendered their services to assist in maintaining peace and 
order, Their offer was accepted. t 

No determined effort was made by the mob to rescue the arrested persons, but, 


2 


‘ 


ao 12 
ng spirits. 5 


e of the court house are nearly all broken, and 
at side torn from its hinges. 


i : ® 
n Morrill states that when he rushed into the crowd to make arrests, _ 


| pistols were fired upon him, some of them evidently being loaded with 


forced open, John C. Cluer attempted to effect an en- 
a iy ee officials, and after demanding admittance “as 
tiz ” made a few blustering remarks and left: 
he noise of the mob created a stampede in the Museum, and much ach 
svailed among the ladies. The performances were interrupted, and nearly 
‘the audience left-the house. : 
ee cs wx generally known by the mob, and when it was ey 
that a man had been shot, one of the*ring eaders of the rioters replied, wit 
great emphasis, “ Then there will be one the less to kill to-morrow. ie 
© The murderer of Batchelder contrived to make his escape. He Ro Be 
ever, be identified by several persons. One of the reportorial or aw him 
shoot the deadly weapon. We hope ample justice will be rendered. oe 
Albert G. Brown, Jr. of the Law School, who was arrested, is a son of A. fs 
Brown, of Salem, a member of Governor Boutwell’s council. His friends 
pr ptly offered bail for his appearance this morning, which was refused. __ 
' A few persons loitered about the court house through the night, but no dis- 
turbance occurred after the melancholy affair in the fore part of the evening. 
Between 12 and 1 o'clock last night, Deputy Marshal Riley proceeded to 
_ East Boston, and calling up the Captain and Engineer of the steamer J ohn W. 
Taylor, chartered that boat for special service. Steam was got up with des- 
patch, and the boat proceeded at once to Fort Independence, wher she took on 
board a corps of United States Marines, under command of Major 8. C. Ridgley 
and Lieutenants O. B. Wilcox and 0. A. Mack. She then returned to the city, 
and at half past six o’clock this morning the troops were quartered within the 
walls of the Court House. 


About the same hour that Mr. Riley left for East Boston, Officer W. K. Jones 


was despatched to the Navy Yard in Charlestown with orders for troops, and in 
a very short time a corps | United States Marines, numbering 50 men, rank 
and fle, under command of Lieutenant Colonel Dulaney, with Captain J. C. 
Rich, 1st Lieutenant Henry W. Queen, 2d Lieutenant A. N. Balser, were also 
_quartered in the Court House, and reported to the United States Marshal as 
ready for duty. eae es 


| ‘THE EXCITEMENT ON SATURDAY. 


c % At en early hour in the morning, those interested, with hundreds: of idlers. 


athered around the Court House, and at an early hour the Independent Corps of 


- Cadets, Lieutenant Colonel T. C. Amory, and the Boston Light Infantry, received 
5 orders from Major General Edmands to assemble at.their armoriés, and then to 
report thentse¢lves at City Hall. A @etachment of the Boston Light Dragoons, 


h of the armories. 
strained passions of the mob last night, was removed by order of Coroner Smith, 


“Dore the body had left the Square. An inqutst will be held on Monday. 


f 


-B, were also in readiness at their armory, and a corporal’s guard at 
The body of the unfortunate officer Batchelder, who fell a victim to the unre- 
str . - 
to his late residence in Charlestown. As the coffin was being placed in the 
covered carriage which conveyed it out of the Square, the noisy outcries of the 
‘assembled multitude were hushed, and ‘quiet reigned until the vehicle which 


When other vehicles passed through the Square, the violently disposed were 


13 


quite boisterous, and crowded upon the officers who were stationed about the 
easterly entrance of the Court House. Three or four of the most forward in 
these disturbances were promptly arrested and committed to the Centre Watch 
House. These summary arrests tended to cool the ardor of the rioters, and 
order was once more restored for a time. 

In-company with High Sheriff Eveleth, Mayor Smith appeared on the steps 
of the easterly entrance of the Court House, and, being introduced by the 
Sheriff, as the Mayor of the city, briefly addressed the crowd. He expressed 
regret at the assemblage, and warning the multitude, as good and peaceable 
citizens, to quietly go to their homes, at the same time adding, that a sufficient 
force was in readiness to preserve the public peace ; and that, at all hazards, 
the laws of the city, the laws of the State, and the laws of the United States; 
SHALL be maintained. (Applanse.) Again beseeching the crowd to disperse 
quietly, and go to their several residences or’places of business, and remarking 
that in case they remained, they might be presumed to do so for no good purpose, 
his Honor retired, and, in company with the Sheriff, repaired to,the City Hall. 

Just as the Mayor closed his remarks, a colored man made some demonstra- 
tion of, disrespect, and he was immediately arrested and committed to the Watch 
House. A large number of the more orderly portion of the crowd soon retired. 

The following are the names of the persons arrested this forenoon : Charles 
H. Nichols, George Smith and Edward. D. Thayer, (minors,) James Nolan and 
John Jewell, (adults,) and William, Johnson, (colored.) The last named is the 
one we, at the close ef the Mayor’s address, made a disrespectful and insulting 
remark, 

The Mayor caused posters to be printed, bearing the following request, which 
were posted throughout the city. 


To the Citizens of Boston: 


, 


- Crry Hatt, Boston, May 27, 1854. 


Under the excitement that now pervades the city, you are-respectfully re- 
quested to codperate with the Municipal Authorities in the maintenance of 
peace and good order. ARSE tity: . 

The laws must be obeyed, let the consequences be what they may. 


J. V. C. Smitu, Mayor. 


THE EXAMINATION OF BURNS. 


Saturday morning the examination.of the alleged fugitive slave Anthony 
Burns, was resumed before United States Commissioner Edward G. Loring, 
Esq., in the United States District Courtroom. At five minutes past nine 
o’clock, the prisoner was brought in .under a strong guard and placed in the 
dock. The officers of the Marine corps and a large number of spectators were 
present. 

‘Edward G Parker and Seth J. Thomas, Counsel for the government, Richard 
H. Dana, Jr., and Charles M. Ellis, Esq., Counsel for defence. 

At quarter past ten, Mr. Parker proposed to proceed.” Mr. Ellis moved for 
further delay to afford time for greater preparation of the case. He said the law 
ought not to be executed till a case had been made out as clear as daylight and 
free from all cavil or doubt. It was not till yesterday afternoon that he or Mr. 
Dana felt at liberty to act as counsel for the prisoner. None except himself 
had been allowed to see the prisoner; he did not know whether this exclusion 
had been by order of the Court or noti As none had been permitted to see him 
and as he did not feel at liberty to act as his counsel till a late hour yesterday, 
it was the same as if the prisoner had been seized yesterday. There was 
another reason for delay; he did not think men could act calmly and m a man- 
ner to serve justice, under the existing circumstances. He had not believed 
that such a train of circumstances could ever occur here again, but such was 


14 


not the fact. He asked the Court to consider that it was the sole obstacle be- 
tween the man and perpetual Slavery. Under the United States law, there is 
no process known to the law that can now interpose. There is more reason that 
a magistrate should be able to say, “I have given you time for the amplest prep- 
aration and my mind is free from bias and prejudices from influences within 
or without.” There is no man who has heard what has been done who can say 
that itis a cause for proceeding—but on the contrary is a sufficient cause for de- 
lay. He again urged continuance in view of the excited state of public feeling. 
He said he thought there was power enough to secure order, and that the trial 
could proceed in an orderly and lawful manner. Force begets force, and he 
thought that nothing could be gained by haste. Xx 
_ Mr. Parker replied that he hoped there would be no delay, and for reasons 
which must be obvious to every mind. He thought that sufficient delay had 
already been granted. The ground he took was that this was but the prelimi- 
nary examination which was by no means final. No further time could tend 
to show that the record is incorrect, or pbjectionable in itself. The Court in 
view of the excited state of feeling should expedite the proceedings. _ ; 

Seth J. Thomas, Esq., rose and said that as the defence had moved for delay, 
he proposed to consider the nature of the case, the motion for delay, and the 
reasons in support of that motion. He related the circumstances of the connec- 
tion of the Counsel for defence with the prisoner. He admitted that at first the 
prisoner was not in a frame of mind to determine what to do. ; 

“If there is,” said he, “a law whereby my client ha’ pro awe in this man, 
and this claim is made out, there is but one thing to be done by the magistrate, 
—a certificate is to be made out and the prisoner is removed ; the question of 
servitude or freedom is to be determined by the state to which he is carried. 
The Court sits here to try the proofs of the claim.” . He then considered the 
reasons alleged in support of the motion. He understood from the Marshal that 
on the first application to see the prisoner he had refused, but had afterwards 
consented. ie believed that the prisoner had no defence to make to the claim. 
When the Court asked the prisoner the other day with whom he had conversed, 
he answered with no one except his “master” and one other, thus admitting 
that he was held to servitude. He could not see any ground in an ordinary 
case for continuance ; no facts could be elicited to disprove the claim. The 
Court has seen what has occurred here, and if certain gentlemen can lay their 
heads upon their pillows ‘and say that the blood of that man is not upon them 
then he should be glad to hear it. He hoped that the opposing Counsel were 
not of the number of those men. _ His client had letters from very respectable 
people in the State from which he comes; he says that one Anthony Burns 
who owes him servitude has escaped, and asks if there is any means to take 
him back to the State from which he escaped. That claim is like a promissory 
note, and why should there be any more opposition than in such a case if the 
claim be proved. Gentlemen may not-like the law, but it is nevertheless the 
Law. The inevitable effect of continuance would be that the excitement 
without would be increased. Can it be said that this law is inoperative and 
cannot be enforced ; is i¢ any the less treason to attempt to take away this and 
resist the law of the United States than it is to go to the other end of the court 
room and rescue the man who has been tried and found guilty of murder. He 
could see no reason urged for continuance which was not an objection to the law 
rather than to the administration of the law. 

Mr. Dana said the counsel for claimants had urged objections to the motion 
drawn from politics, philanthropy, and every thing else except a sound and di- 
rect answer. Shall the prisoner be hurried into a trial immediately, ‘or shall 
proper delay be granted? They had not asked half as much delay as there was 
in the Simms case. He narrated the circumstatces of the arrest of Burns. 
The prisoner had been taken to the ¢ourt house, which for two years had been 
occupied not as a jail—he wished he could say as much— but as a slave-pen. 
He was happy to bear witness that the Court had called the prisoner up, per- 


: a: ; 
ceiving that he was intimidated, and counselled him in a parental manner, ad- 
vising him of his legal rights. It was not till after a written order had been 
ped by the Court, that any body beside himself had been permitted by the 

rshal to see the prisoner, and it was within the last 24 hours that it was as- 
certained whether he wished Counsel or not; had it not been for the order of 
the Court, it would not probably have been till this time. This was ‘sufficient 
ground for delay, but there was another reason: ue ae 

Yesterday afternoon a hearing was had before Judge Sprague, on an applica- 
tion for replevin of the man to carry the case before another magistrate ; at half 
past six o’clock the decision was given, refusing the application. | ere 

The argument against delay, that violence would issue, was not a proper 
ground — it was a confession of weakness. 

“ Had that man,” said Mr. Dana, “been born under the same roof with your 
Honor, and fostered by the same hand, this record, made up ez parte, would be 
sufficient to show that he was born in Virginia, eyen though the affidavit be 
made up in the testimony of a single man.” He neitns urged delay, inas- 
much as the act of this Court could not be revised, even by the Supreme Court 
of the United States. This is not a case of extradition, and the prisoner goes to 
no other éourt ; he is given to the man who calls himself his master, and in his 
custody he remains. The claimant is not bound to take him to Virginia 3 he : 
may take him to Texas, the coast of Africa, or New Orleans, to a slave mart. _ 

The court ruled that the reasons set forth were sufficient grounds fordelay till 
Monday.’ In regard to the excitement, he regretted it; it seemed to him that 
the request was by no means unreasonable, and would therefore delay till Mon- — 
bees morning, at 11 o’clock. : RSE 

he court then adjourned. During the examination, a guard of marines were ~ 
posted along the passage ways, and on the stairs, presenting a formidable ap- — 
pearance. Nothing like disorder was manifested. Pigs Eee ley Ute a 


ef te ae 


Raney oa 
e 


ATTEMPTED ARREST OF SUTTLE. 


: PERSE CL cole aan Lave 
During the forenoon, a writ was issued by Seth Webb, Esq., on an action of 
tort, for the recovery of $10,000 damages against Messrs. Charles F. Suttle and 
William Brent, “for, that the said Suttle and Brent, on the 24th day of May 
instant, well knowing the said Burns.to be a free citizen of Massachusetts, 
conspired together to have the said Burns arrested and imprisoned as a slave 
of said Suttle, and carried to Alexandria, Va.,” &c., &¢.——- Lewis Hayden, a— 
colored man, was the complainant in the case. The writ was served upon 
Messrs. Suttle and Brent, and they gave the required bail in the sum of $9,000 
each. Subsequently, Chief Justice Wells issued a writ of repleyin nst 
United States Marshal Freeman, directing that officer to bring the body of An- 
thony Burns, the fuzitive, before the Court of Common Pleas, on the 7th day — 
of June next, but te Marshal did not obey the order. 


\ 


HOW BURNS WAS DISCOVERED. 


Soon after Burns’ arrival here, as it now a Sr he wrote a letter to his 
brother in Alexandria, who is also,a slave of Mr. Suttle’s, stating that he was . 
at work with Coffin Pitts, in Brattle street, cleaning old clothes. This letter he 
dated in “ Boston,” but sent it to Canada, where it was postmarked and sent 
according to the supesscription, to Burns’ brother in Alexandria. As is the 
custom at the South, when letters are received directed to slaves they are 
delivered to the owner of such slaves, who opens them and examines their 
contents. This appears to have been the case with Burns’ letter, and by his 
own hand his place of retreat was discovered by his master. ~ : 


, 


‘1: Nee get Nae 
_ ‘THE ARRAIGNMENT OF THE RIOTERS. 
‘pris mers. arrested Friday evening, consisting of Albert J. Brown, Jr., 


(colored) ; Walter Bishop, (colored) ; Thomas Jackson, (colored); Henry 


n the Police Court, Judge Rogers, presiding. 
mplaint was made by Deputy Chief Luther A. Ham, and charges the 
le number, collectively, with having committed, with malice aforethought, a 
-loniou -assafilt, on the 26th day of May, 1854, upon‘the person of James Batch- 
Se iacinas deeded with powder and bell, and that they did kill and 
he said Batchelder. Mr. Ham proposed to the Coujt that, as the Gov- 
were not prepared to enter upon the case, the examination of the pris- 
yostponed until Wednesday next. Charles G. Davis, Esq., counsel for 
rs, objected to the complaint, on the ground that it appeared that the 
of murder (not being bailable) was preferred against the whole number, 
mer y to hold them all over, it being the last day inthe week. He wished to 
‘inquire if some of the ee were not arrested before the homidide took 
place ; and, if so, he held that they should be admitted to bail. 
_ The Judge postponed the hearing of thecases until Tuesday next, and they 
were committed to jail. . 
George Palmer, one of the persons arrested in Court Square, this forenoon, has 
been committed to jail, charged with assaulting an officer. Nichols, Smith, 
Thayer, and Jewell, were discharged. 


- * INCIDENTS OF THE AFTERNOON AND NIGHT. 
! 


Great excitement has prevailed this (Saturday) evening, and during the after- 
noon. Thousands of curious persons have been attracted to the Court House, 
and several arrests of disorderly persons have been made. 

_ While W. C. Fay, Esq’, was conversing with another person, his remarks ex- 
cited the ire of a stalwart negro, named Wilson Hopewell, who struck Mr. Fay. 
Officer William B. Tarleton arrested him, when a violent struggle ensued. 
Hopewell drew-a dirk knife, but before he had opportunity to use it, the officer 
wrested it from his grasp, and succeeded in conveying him to the Centre Watch 
House, and subsequently to jail. During the scuffle the officer had his hat de- 
molished and his coat torn off. The man seized Mr. Tarleton by the throat, not 
paar nc arg till he had reached the Watch House j 
¢ Two drunken persons were taken from the crowd, and locked up. Ys 

| Miss’ Hinkley, a well dressed woman, tried more than two hours to force her 

wey into the Court House. Officer J. C. Warren declared this the most remark- 

| able case of feminine curiosity which has ever occurred under his practice. 

_ Aman from Worcester, whose name was unknown, took his position on an 
inverted flour barrel, and } gued the crowd for afew minutes, on Abolitionism 

_ and Bill Nebraska; but, before he had closed, an officer assisted him to the 


atchhouse. 
~* John C. Cluer was arrested this afternoon, on the charge of riotous roceed- 
“ings, and isnow in jail i : 

EG: learn this evening that a post mortem examination of Batchelder was 
_ made to day, and it was ascertained that he was not shot, but was stabhed, the 
_ wound being six inchés deep. When he fell, he exclaimed, “I am stabbed.” 


ajor B. F. Edmands, this morning, and the Boston Light Infantry and 
Cadets were called out, to PRESERVE ORDER AND KEEP THE PEACE. hd oops 
of thfs State have nothing to do with the safety of Burns, whois so well guarded 


nt) of Cambridge; Joltn J. Roberts, Walter Pheenix, (colored); John, 


artin Stowell, of Worcester, John Thompson, were examined this after- 


currency. 


of sian for calling out the Boston companies was placed in the hands of ° 
Genera 


. 17 


that no mob could enter the court house and rescue him. The Cadets remained 
on duty all night, and the Boston Light Infantry were relieved by the New Eng- 
land Guards, Capt. Henshaw. ee 

The prisoner is:a stout, good-looking negro, and appears much dejected, 
though by no means morose or disposed to obstinacy. 

It is understood that the claimant will sell Burns here in Boston, for a reason- 
able sum; and yesterday afternoon some peaceably disposed persons seemed on 
the point of raising’a contribution for the purpose of the purchase. 

There were many rumors afloat during the afternoon, among which was the 
statement that a large number of persons had arrived in town — parties who would 
manifest the strongest opposition to having Burns returned to Virginia. It was 
also reported that 400 colored persons, from New Bedford, had arrived in the 


Se 


city. 

Col. Suttle, the claimant of Burns, and Mr. Brent, the witness, are gentlemen 
of high soeial position and men of wealth. They come on here to test the law 
in a fair and honorable way, and they ask for simple justice, 

It is stated that the United 'States authorities at Washington have telegraphed 
to the United States Marshal here to have the law carried out, and to call the 
United States troops here, and even those at more distant stations, to their aid 
for that purpose. . -- : 

The leading Free Soilers in this city deprecate, in the strongest terms, the 
course pursued by. the mob last night. We hese one observe to-day, who had 
bos a leader in their ranks, that, by their conduct, they condemned Burns to 
slavery. j 

Theseads of false rumors are in circulation to-day relating’ to Scns and 
what has been said and threatened. We have no room to give such falsehoods 

‘ 


e 


The wife of Batchelder knew nothing of his death until this morning, when 


‘theannouncement was made to her by a lady, who saw the account ‘of the*oc- 


currence in the morning papers. She chanced to be in the front hot and im- 
mediately fainted, and was taken into the house. He leaves no children. 

’ About half past seven o’clock, last evening, the Cadets, Colonel Amory, were 
drawn up into line in Court Square, and Mayor Smith being introduced to the 
company, made a brief and very appropriate speech, expressing his confidence 
in their efficiency and honesty of purpose, and remarked the orderly spirit gen- 
erally manifested by the citizens. 

At eight o’clock, Chief of Police Taylor, witha force of police, cleared Cour 
Square, and stretched ropes across the avenue leading to it, so as to render in- 
gress impossible without great force. 

It was rumored that the Truckmen intended to make a “demonstration” for 
the especial benefit of Wendell Phillips, Esq., Wm. L. Garrison, Rev. Theodore 
Parker, and Swift, and so general was the rumor, and so currently believed, that 
numerous applications were made to the Mayor to protect the persons and property 
of people in the vicinity of those houses. 

During this evening a number of men were seen to approach the dwellings 
of Messrs. Phillips and Parker, and to read the name and number carefully, and. 
then to proceed; but up to twelve o’clock there had been no violent demonstra- 
tion.. The Mayor had*taken every precaution, having runners or couriers out in 
every direction, who could furnish reliable information from any point in the city 


. in less than five minutes. Capt. W. D. Eaton, with thirty-four of the best men 


in the department, were in readiness to be called into service at a moment’s : 
warning, and other men; a large force were concealed and also ready for action. 
Suspicious persons were closely watched, but no violence was attempted. 
Among the applicants to the Mayer for protection of Mr. Phillips was a man 
from South Reading, who seemed much interested in the city’s affairs. 

At eleven o’clock it was confidently stated that Burns would be purchased by 
Wendell Phillips and Francis Jackson, for $1200. Sufficient money was raised 


18 


' 
early in the evening, but it was supposed that there was some flaw in some one 
of the legal documents, which might afford a loop-hole large enough for him to 
crawl out at, and thus save the compromise. : . 

_ At nine o’clock the New England Guards, forty-nine guns, Capt. Henshaw. 
came on duty, and quartered at City Hall. It was stated that the Light Guard 
were in their armory. The Cadets were quartered at the Albion. Sergeants’ 
Guards of the Light Dragoons and Lancers were at their armories: Orders 
were given that, in case of any outbreak; the military should report to Gen. Ed- 
mands and Col. Amory. 

The Mayor remained at the police office all night, as that was the nearest 
point of information. He‘has had a trying time. It was said that, during the 
day, not less.than one thousand pistols, principally revolvers, were bought in 
Dock Square and vicinity. 

Officers Tarlton and Cheswell found upon the negro Hopewell, who was ar- 
rested at 6 1-2 o’clock, a large African knife, called a creece —just such a knife 
as must have been used to inflict the death wound of poor Batchelder. A charge 
of murder will be preferred against him to-day. ~ 

The excitement was intense, but no violence or loud cries were made in or 
about the Court House. 

A gentleman stated at the police office that a Worcester man was heard to say 
that 200 pedple had come from Worcester, and would not return “‘till the thing 
had been settled.” : fae 

The mob gathered in front of the court house this evening, threw several 
stones, pricks, &c., with a view of breaking the windows in the building. One 
of the stones struck a member of the New England Guards, while on duty. 


The following persons were arrested this evening, abont 10 1-2 o’clock, forri- . 


otous conduct in front of the court house: James Bellows, (on whose person. was 
a dirk knife,) Lewis Osgood, Thomas Faritan, Charles H. Crichnay, Joseph Brown, 
and James Cunningham. They were taken to the centre watch house, and sib- 
sequently to jail. Examination on Monday. ; 

General Edmands and his staff entgblishedl their headquarters at the Albion, 
where they have been in attendance during the day. \ 

At midnight, some two hundred persons were around the court house, consist- 
ing chiefly of the curious, many colored persons, and about twenty colored fe- 
males. 

Great credit is due to the police, for the manner in which they have managed 
matters to-day. Mr. Taylor has been untiring in his efforts, and his coolness 
and courage on Friday evening were very evidently and successfully shown. | 


- ' 


Sunday Morning, May 28, 2 o'clock. 


BURNS TO BE LIBERATED. 


The negotiations for the purchase of the alleged fugitive slave Burns were — 


well nigh consummated last night, and the proceedings were carried so far as to 
leave little doubt. Burns will be bought and liberated either to-day, or at the 
close of the examination before the United States Commissioner. The follow- 
ing is a copy of a document which was drawn up in the office of Edward G. 
Loring, Esq., last night, and signed by several prominent merchants and colored 


men: -— ; veal 


: 


{ 


“ Boston, May 27th, 1854. « 
“We, the undersigned, agree to pay Anthony Burns, or orfler, the sum set - 
against our respective 'names, for the purpose of enabling him to obtain his free- 
dom from the United States Government, in the hands. of whose officers he is 
now held as a slave.” ’ 
This paper will be presented by the Rev.-L. A. Grimes, pastor of the Twelfth 
Baptist Church. : ; j 

' The sum of $1200—the amount specified by the owner as ‘the price of the 
man— was made up by colored persons, a part being given on condition that the 
bargain be consummated last night, but this was found to be impossible, on 
account of the lateness of the hour. The counsel on both sides, as also District’ 
Attorney Hallett, were present in the United States Marshal’s room, and all ac- 
uiesced in the arrangement. It will be the more satisfactory to the friends of 
urns to let the examination proceed, and the ownership of the man clearly 
proved, as the title will be all the stronger. The money has been raised, the 
owner is willing to sell the man, and the papers are nearly ready forsigning. It 
was hoped that the bargain would have been consummated last night; and se 
confident were certain parties of it, thdt Mr. Grimes was present, the money in 
specie was teady. A carriage was at the door, and several merchants stood ready 


_ to see the man delivered. It is now only a matter of time, and the excitement 


will, therefore, at once be abated. He will be detained in the court house till 
Monday. The crowd of persons remained in Court street till an early hour this — 
Morning. oe 


The following from the Commonwealth. 4 


ANOTHER MAN SEIZED IN BOSTON — 


— BY THE — 


MAN HUNTERS!! 
THE DEVIL-BILL RENEWING ITS VIGOR 
AND GETTING UP A JUBILEE AMONG US, ; 
} ON ne PASSAGE OF THE 
NEBRASKA ESETE!!! 


Another colored man was seized in this city Wednesday night by virtue of 
that devil’s license for kidnapping, the Fugitive Slave Bill, and was at the 
Court House, before the Fugitive Slave Bill Commissioner, Thursday morning. 
The hunt was conducted so stealthily that few, if any but those directly con 


_ cerned in it, knew any thing of the matter until the man was seized and taken 


before the commissioner. The news presently began to circulate about the city, 
and people were just beginning to gather at the Court House -when the ex 
amination was adjourned to Saturday. The proceedings before the commis 


_ sioner furnished the following particulars ,— 


ee 20 


‘The e was taken Wednesday night in Court Square, between six 
ok oo a riick eae | kept in durance all night in the Court, House. Yester- 
Jay morning about nine o’clock he was brought before Commissioner Edward 
G. Loring for examination. E. G. Parker, ee “perenne in behalf of the man- 
ers, and used documents purporting to be from the circuit court of the 
ty of Alexandria, in Virginia, which set forth that Charles F. Suttle, of 
dria, in that State, is the owner of a certain colored man named Anthony 
‘The documents describe this Burns as a man about six feet high, 
y-four years old, and refer particularly to “scars” on his cheek and hand. 
3 alleged, in substance, that the man urlder arrest is this Burns, that he 
2 away from his owner some time in March last, and that the hunters mean 
take this man to Virginia, there to be held and treated asachattel. = 
William Brent was sworn and testified; Iam a merchant residing in Rich- 
“mond; know Charles F. Suttle; he is a merchant; know the boy Anthony 
“Burns; the prisoner is said Burns; he is Suttle’s slave; he was born in Sut, 
tle’s family ; I hired him of Suttle in 1847-’48-’49; I know he was missing 
from Richmond about the 24th of March last; have not seen him there since ; 
have had no conversation with him here. < 
_ R. H. Dana, Jr., here rose and said, — 


- May it please Pp honor — I rise to address the court as amicus curie, for I | 


am regularly of ‘counsel for the person at the bar. Indeed, 
cure ag jaa I base fieen enabled to hold with him, and from what I can 
learn from others who have talked with him, I am satisfied he is not in a-con- 
dition to determine whether he will have counsel or not, or whether or not, and 
-how, he shall prepare for his defence. He declines to say whether any one 
shall appear for him, or whether he will defend or not. p 
Under these circumstances I submit to your honor’s judgment that time 
should be allowed to the prisoner to recover himself from the stupefaction of 
his sudden arrest and his novel and distressing situation, and have opportunity 
to consult with friends and members of the bar, and determine what course he 
ursue. - : 
vat &. Parker, Esq., for the claimant. I feel bound to oppose the motion., The 
counsel himself says that the prisoner does notwish for counsel and does not 
wish for a defence. The only object of a delay is to try to induce him to re- 
sist the just claim which he is now ready to acknowledge. The delay will 
cause great inconvenience to my client, the claimant, and his witness, both of 
whom have come all the way from Virginia for this purpose, and will be de- 
-layed here a day or two if this adjournment is granted. If it were suggested 
that the prisoner was insane —out of his mind — and would be likely to re- 
cover soon, we could not object. As it is, we do object. : ? 

To this Mr. Dana replied: The counsel for the prosecution misapprehends 
my statement. I did not say that the prisoner did not wish counsel and de- 
fence. I said that he was evidently not in a state to say what he wishes to do. 
Indeed, he has said that he is willing to have a trial; but I am not willing to 
act on such a statement as that. _ He does not know what he is saying. I say 
to your honor, as a member of the bar, on my personal responsibility, that from 
what I have seen of the man and from what I have learned from others who 

_ have seen him, that he is not in a’fit state to decide for himself what he will 

- do. He has just been arrested and brought into this scene, with this immense 

_ stake Ma iisdern 

Phe should plead guilty to the claim, the court ought not to receive the plea 

if po dipane circumstances. It is but yesterday that the court at the other end 

_ of this building refused a plea of guilty from a prisoner. The court never will 
receive this plea in a capital case without the fullest proof that the prisoner 
makes it deliberately and understands its meaning and his own situation, and 


has consulted with friends. In a case involving freedom or slavery for life, this 


court will not do less. — Tee 


m or slavery for life at issue, surrounded by strangers ; and, even ~ 


21 


The counsel for the claimant objects to a delay ; he objects on the ground of 
the inconvenience to which it will put the claimant and his witness, who have 
come all the way from Virginia for this purpose. I can assure him, I think, 
that he mistakes the character of this tribunal by addressing to it such an ar- 
gument as that. We have not yet come to that state in which we cannot weigh 
liberty against convenience, and freedom against pecuniary expense. We have 
yet something left by which we can measure those qualities. ; 

I know enough of this tribunal to know that it will not lend ‘itself to the hur- 
fying of a man into slavery, to accommodate any man’s personal convenience, 
before he has even time to recover his stupefied faculties, and say whether he 
has a defence or not. Even without a suggestion from an amicus curi@ the 
court wduld, of its own motion, sée to it that no such advantage was taken. 

The counsel for the claimant says that if the man were out of his mind he 
would not object. Out of his mind! Please your honor, if you had ever reason 
to fear that a prisoner was not in full possession of his mind, you would fear it 
in such a case as this. But I have said enough. I am confident your honor 


, will not decide so momentous an issue against a man without counsel and 


without opportunity. 

C. M. Ellis, Esq., also argued in favor of postponement. He stated that a 
decision in so important a case, should not be given, until the fullest and fairest 
trial, and this they had a right to demand. There could be no fear of delay, 
with the power of the United States and Massachusetts to sustain’ the authori- 
ties; the only fear is, that justice may not be done. The prisoner had the right 
to have all the allegations made against him proved, and also to be provided with 
counsel to-advise him and conduct his defence. There is also a necessity, he 
said, for delay, in order that the friends of the prisoner may deliberate as to the 
course they shall pursue. In conclusion, he argued that justice, meagre as it is 
under this law, should be meted out; but there should be no violence, no 
court house in chains, but a full and fair investigation of the case. 

The Commissioner then addressed the prisoner, who seemed frightened at 
his position, and informed him it was his right to have all the allegations made 
against him proved by,the clearest testimony ; that he had also the right to 
have counsel and friends, and that if he desired a postponement, he should ac- 
cord it to him. The prisoner seemed in great doubt what to say. He glanced 
around the court house, apparently in search of some one. After a few mo- 
ments delay, he, in a low voice, asked to‘fiave the case postponed. According- 
ly Commissioner Loring postponed the further examination of the case to Sat- 
urday next, at nine o’clock, A. M. Meanwhile the man will be kept imprisoned 
in the court room. 

There will be a meeting of the people in Faneuil Hall, this evening, to con- 
sider this matter. We have one word for our city officers. Let them read the 
Statutes of the Commonwealth, and consider well what they are about, before 
they allow themselves to be engaged in the service of these man hunters. It 
is just possible, that our city authorities will not again trample under foot the 
laws of the State, in the service of the fugitive slave bill, without being held 
responsible for it. 

This man, whom Suttle claims as his slave, came to Boston about three 
weeks ago, and has been at work for Coffin Pitts, in Brattle street. Wednesday 
night, after he had put up the shutters and closed the shop, he went away in 
the direction of Court street. He was immediately followed by the man hunt- 
ers, who had been lying in wait for him, under the orders of Watson Freeman, 
Pierce’s United States Marshal. He was taken into custody by officers Coolidge, 
Riley, and Leighton. He made no resistance. They took him to the court 
house, where he was kept all night under a strong guard. He seemed stunned 
and stupefied by fear. The news of the arrest did not get abroad, and his val- 
iant keepers did not deem it necessary to get out the old chain and stretch it 
round the court house. 


22 . 


During the evening, Suttle was permitted to see and converse with him. 
This did not restore the poor fellow’s equanimity and self-possession, especially 
when the slaveholder told him he must go with him to Virginia. Suttle told 
him to “make no noise about it,” and go quietly, and he “shouldn’t be hurt.” 
He represents that the prisoner behets a willingness to go; but the public 
can easily appreciate this talk of “willingness” to be carried off as a chattel, 
in such a man, teers seized by the fugitive slave bill’s bloodhounds, and 
es pit with fear, of the doom to which they attempt to drag him. Under 
such appliances, he‘is not likely to give a very clear account of what he is will- 
ing to do. So far as he understood what was said to him, he probably con- 
strued it this: “ You must go with me as my slave; make no noise, go quietly, 
seem willing to go, and I will not harm you} but refuse to go, and resist my 
purpose to take you away, and I will flog you horribly.” _ Is it difficult to com- 
prehend why he hardly dared Thursday morning, to admit to the Commissioner 
that he desired a postponement of the examination ? ‘ 

“Shall Boston steal another man?” That is the question now before us. 
The federal Constitution was framed to “ establish justice” and “secure the- 
blessings of liberty,” not to patronize the scoundrelisms of slavery. If it were 
otherwise, if the instrument were so atrocious, so false to the Declaration of In- 
dependence, as to give one man a right to enslave another and make him his 
property, his chattel, it would still remain true, that it provides that the “ trial of 
all crimes, except in cases of impeachment, shall be by jury,” and that “in 
suits at common law, where the value in controversy shall exceed twenty dol- 
lars, the right of trial by jury shall be preserved.” ; 

In defiance and scorn of these great principles of the Constitution, these crea- 
tures of slavery come here armed with that infernal machine for kidnapping, the 
unconstitutional and most atrocious fugitive slave bill, and mean to deny this 
man’s right to freedom, and subject him to slavery for life, without allowing 
him trial by jury, or admitting that freedom can have a right to make its claims 
heard of in presence of the slave power. a seized him in the streets of our 
city, and in scorn of the great principles of the Constitution, and defiance of 
that due process of law-which it says “shall be preserved,” they mean to bear 
him off in triumph and plunge him into the hell of slavery. Then will these 
slaveholders again laugh us to scom, sneer at us as “ mean, sneaking, degen- 
erate, pliant, huckstering, peddling Greeks,” and boast that they will soon have 
a law authorizing them to hold slaves on Bunker Hill. “ Shall Boston steal 


~ another man?” 


FANEUIL HALL TO-NIGHT. 


For the third time, Boston witnesses the disgraceful spectacle of a man 
charged with not the shadow of crime —accused of nothing but obedience to 
the upward yearnings of a spirit that bade him reach the same inalienable right 
to life, liberty, and the pursuit of happiness which we enjoy, and which the ac- 
cursed statutes of Virginia denied him —chained like a felon, in a Boston court 
house, thus thrice degraded to a jail !—awaiting the mockery of a trial which 
shall doom him to all the unutterable misery, horror, and blackness of darkness 
faintly shadowed beneath that word SLAVERY !—without once allowing 
him to look upon the face of a judge—the faces of a jury ;—-without giving 
him one chance for a future way of life far more precious than life itself, by 
securing to him the smallest of fai privileges of justice, won for him, as for 
us all, by the best blood of “ exile and afcestor! ” 

To-night—thank God!—we meet in Faneuil Hall, without distinction of 
party, to consider our duty in the premises. Let there be a meeting of men 
who are thoroughly and religiously in earnest, and who are willing to do and 
help do, every noble thing in their power, to save the living soul and body of a 


A A ewe meme 


23 


fellow man from the blistering and withering hell of southern slavery! Let 
every man who reads these words remember that this is indeed one of the crises 
of liberty, and let him look to it that he be not absent to-night from Faneuil 
Hall! The slave power crams the infamous swindle of a Nebraska bill down 
our throats, and then piles an outrage upon an insult, and undertakes to steal a 
Man! Leave your fields, your work-shops, your stores, your homes— leave 
every occupation, duty, and pleasure, and swarm to Boston! Let no man who 
loves liberty for himself or another, and who has five dollars in his pocket, sta; 
away! Northern yeomen and mechanics and tradesmen of every order, and 
degree! you owe to the genius of your Massachusetts liberty the solemn d 

of your presence — you owe to her your stern, indignant protest against this 
monstrous and atrocious WONG = if you owe nothing more! ‘ 


WHO ARE THEY? 


It is surmised that the men who are guarding Burns, at the court house, are 
the identical ones who passed the resolves in the Democratic County Conven- 
tion, in favor of the extension of slavery into Nebraska, and fired guns on the 
Common in honor of such extension. They are piebably paid by the custom 
house. Let not the city have a hand in this business. 


_ Boston court house stands among us as the Bastile of the slave power—en- 
tirely at the service of that malign despotism, whenever it comes among us 
with its kidnapping bill, to hunt down men whose only crime is an ardent long- . 
ing to enjoy that freedom to which every man has an “inalienable right.” It 

stirs one’s blood with shame and indignation to know this. When the slave- 
holders get their law for holding slaves on Bunker Hill, probably the monu- 
ment will be their Bastile, with the black flag floating over it, bearing the in- 
scription, —“ Slavery is King—there is 1% higher law.” And there will be — 
“peace and quiet” in the land when this hideous and bloody despot has — 
“crushed out” all who have manhood enough to question his right to reign. : 


t 


. THE.GARRISONED SLAVE PEN. 


One of the papers stated that Boston court house, Saturday morning, resem- 
bled a “ beleaguered fortress.” It should have said “ Bastile,” or “ fortified slave 
pen.” Some of the windows on the west side were broken, and the southwest- 
erly door showed abundant signs of the fierce contest that took place there the 
night previous. To our readers at a distance it may be interesting to give some 
description .of this bailding: It is a large oblong structure, strongly built of 
hewn blocks of granite. It is four stories high above the basement, and the in- 
terior consists of rooms, stairways, and narrow passages. Its north end fronts 
on Court street, from which there are wide spaces on each side of it. Just south 
of the court house is the City Hall, which fronts southerly on School street, 
with a well kept yard before it. 

The United States District Court has been permitted to hold its sessions in a 
room in the second story of the court house, and by virtue of this permission 
the government officials assume or take authority to use the building as a pris- 
on and fortréss of the slave power. We commend this fact to the sober atten- 
tion of people of Massachusetts. Does not a law of this State provide that our 
public buildings shall not be used as jails by the officials of the general gov- 
ernment? And,are not our local authorities bound to execute this law? 


x 


24. 


‘Saturday, May 27th. 


ination of Burns was resumed in the United States District Court 
re Commissioner. Loring, this morning, at 10 o’clock. At nine 
urns was brought into the court room from the upper room, where he 
mfined, accompanied by a strong guard, and handcuffed. He looked 

d anxious. The passage way to the court room was strongly guarded, 
ithin the room was a strong force of armed men surrounding the prisoner. 
‘Thomas, Esq., and Edward G. Parker, Esq., appeared as counsel for 

s, and Ri H. Dana, Jr., and Charles M. Ellis, Esqs., for the 


Ellis asked for a further delay, for the purpose of preparing the case on 
tt of the fugitive. We were not counsel for the prisoner at the former 
but only interposed to secure public justice, and so that the proceed- 
ght secure public respect.. He said that it was not till yesterday after- 

Mr. Dana or himself felt at liberty to act for the prisoner. He under- 

all ere except Mr. Dana were prohibited from access to the pris- 
| he did not feel at liberty, after what had transpired here, to approach 
pim and volunteer his counsel. : 

_ They did not volunteer as his counsel on the first hearing. Yesterday after- 
noon, for the first time, had we any right to prepare a defence. It therefore 
stands as if erson was seized yesterday afternoon, and was brought in here 
this morning examination. Is it fit that this case should be tried under 
these circumstances? He had never spoken to the fugitive. They therefore 


this thing would ever happen here again —that a man would be sure of 


He reminded the Commissioner that he acted as judge and jury in this case, and 
he ought to be able to say that he had given aha saat des preparation for 

-Teflection. If you must approach this case, I beg you to pause and give him 
time for Le algae and until you can approach it without bias, which the 
counsel said he could not. He urged the excitement of the morning as a pecu- 
liar reason why the request of delay should be granted. 

He desired to say that he had no personal invitation to attend the meeting 
last ening, ee =e no ot aap an do it. He thought there was force 
enough to have this o on in the ordinary way. He thought there w: 
eer eth g een for : begets force. freed , oem 
. Mr. Parker objected to a er continuance of the case. Wher the case 
‘first came on, the learned counsel said the fugitive was not ina state of mind 

_ to determine whether he would have counsel to cross-question the witness. On 
‘such a plea he did not v4 to delay ; and delay was granted on that ground. 
_ Now it is not pretended that he is in that state of ane bat they have not had 
pom prepare the case. The argument is, that the proceedings here are to 

ttle the case of the man’s freedom or slavery. This is not so, but is only a 
preliminary hearing, to determine the » ai of sending the man to a place 

question of his condition will be settled, according to the laws which 
ned to exist there. ‘He therefore saw noreason for delay. In the ex- 
ition of the public mind, it is best that the matter should be disposed 
aly as 18 consistent with justice. 
nas asked his Honor to consider the nature of the case ; the petition 


\ 


for delay, and the ground for opposing the petition. He referred to the other 
hearing, and said that those who appeared for the fugitive then did not say that 
they had any defence to make. He admitted that at that hearing the fugitive 
was not in a proper state of mind to goon. The fugitive then admitted that he 
had no defence to make, and only wanted time to think what todo. The case 
is-this: if the claimant has property in this man, and it is proved, the only duty 
of your Honor is to grant a certificate for his removal to a place where the case 
is to be decided. 

What cause, he asked, is shown for continuance ? oy say that they have 
not had time to prepare for the defence. The plea that his counsel had not 
been permitted to see him was not correct. The Marshal sent word to Mr. 
Dana that he might have access to him. He thought the counsel for the man 
knew that they had not any substantial ground of defence. It was not suggested 
that they could bring evidence to disprove the facts of the ownership of the 
claimant in this man. He did not see any thing which could be presented in 
matter of fact for delay, and therefore he saw no reason for granting the delay. 

He alluded to the results of the delay the other day, the excitement last 
night, and those engaged in it; and said, if they could lay their heads on their 
pillows and not feel that the blood of a fellow man rests upon their heads, he 
should be glad to know it. From this excitement he drew an argument for the 
prompt settlement of this case. 

The learned counsel stated at length the nature of the case, and the provis- 
ions made by the United States laws for the reclamation of,fugitives, This 
case, he said, was similar to one where a man has a promis¥ory note against 
another and proceeded under the law to get it. The objection, he said, is not 
to the facts in the case, but it is to giving him yp in conformity to the law. 
They don’t like the law, but it is nevertheless a law, and is binding on the 
courts. Since he has no defence, since it is not suggested that they wish to 
vet evidence and change the nature of the case, what is the reason for the con- 
tinuance? He did not believe the man would be in as calm a state of mind on 
Monday as he is to-day, under the excitement which exists about him. It is in 
effect an attempt to render this law invalid. It is no less treason to defeat the 
operation of this law than it would be to go to the other end of the court house 
and rescue aman convicted for murder. ‘The law has been pronounced consti- 
tutional by our Supreme Court, and by other high judicial bodies, and he saw 
no objection brought up here which is not against the law and not against the 
facts. 

Mr. Dana, for'the fugitive, understood the simple question to be, whether he 
shall be hurried into a trial now, or shall have reasonable time to prepare for it. 
He cited the Simms case, in which seven days delay was granted, and said we 
have not asked half that time. He stated the facts of the arrest of Burns, at 
night, under,a false pretence, and his being hurried to the court house, which 
has not been kept as a jail, but as a slave pen. The, next morning, at nine 
e’clock, he was hurried in here, and, up to that time, he had seen no one. I 
was going past the court house, and heard there was a fugitive here, and came 
in voluntarily, and found the proceedings beginning, and offered him my ser- 
vices. I found him stupefied, and acting under terror. I believed that the rea- 
son which governed Burns was, that if he put the claimant to any delay he 
would suffer for.it. Burns said I might defend him if I chose. I did not wish 
to take the responsibility under the circumstances. Mr. Dana rehearsed the 
questioning of Burns by the court, and the delay granted at his request. Burns 
was then left without counsel. An order was passed to admit me on Thursday 
to see him; but I was not willing to see him under the circumstances. He had 
not made up his mind that he wished to make a defence, and I had no right as 
a member of this bar to go to him until I had a request from him to act as his 
counsel. The next thing was to get some persons who should go and see him, 
and Mr. Grimes, the colored clergyman, and Deacon Pitts, were selected. 


N 


26 


: - 


They asked the Marshal for leave to visit him, and it was refused. He was 
told that the Marshal would not admit these friends even if the Commissioner 
requested it. An order was procured, however, about noon yesterday, and the 
Marshal admitted them. It is less than twenty-four hours since that man was 
permitted to see him, and make known his wishes in regard to counsel. About 
2 o’clock yesterday, his friends called on me and said he wanted to make a de- 
fence, a | asked me to appear as his counsel. Mr. Ellis was engaged about 
the same time. If he stopped there he should have a good ground for delay — 
but he would go further. 

The first thing done by his counsel, was to try to relieve this court of this case, 
and an effort was made to get a writ of de homine replegiando from Judge 
Sprague, and at six o’clock it was refused. He did not believe the court would 
hear the argument of the counsel on the other’ side, that if the case was de- 
layed there would be disturbance. That is an argument that can be addressed 
to no court, for it isa confession of weakness—that the law is not strong, and 
therefore the man must suffer. 

Mr. Dana then reviewed the nature of the record, which was put in as proof 
in this case, and which he had had a copy of only since last evening, and 
argued that the granting of the certificate settled the case of Burns finally; 
that he would never go before another tribunal, but might, and Burns himself 
feared that he would, be sold to go to New Orleans. 

The claimant might send him where he pleases; and your Honor could not 
help it. If the case goes on now he will say, and we shall say, he has not had 
a defence. It is in view of the tremendous consequences of granting this cer- 
tificate that they asked delay. 

In conclusion, he repeated his request for delay. 

In reply to the suggestion that Burns might be sold at the first slave mart, 
Mr. Parker said that the claimant had consented to selling him here. 

The Commissioner then gave his decision in the case. He said there wasa 
difference in granting a delay in proceedings before this court in a hearing of 
this kind, from the delays before other courts, where delays are made for periods 
of weeks or months, and where important testimony may be lost by the death 
of witnesses, or by other causes. He looked upon Burns as one who is yet to 
be regarded as a freeman; he knew of no proof yet submitted that he was 
to be regarded, as any thing else. He was arrested on Wednesday night, and 
on Thursday morning, at the hearing, expressed a desire’ for delay, that he 
might make up his- mind what course he should pursue. The delay was 
granted, and he had improved it by obtaining counsel. Now his counsel being 
chosen by him, come into court and say that they are not prepared to go on with 
this case, and they cannot go on now and do their client justice. The question of 
delay is one within the discretion of the court to grant. He thought the request 
was areasonable one. As to the excitement in the community, he regretted it, but 
he could not consider it in this case. He must look at the rights of the parties, and 
see that justice is done. It seems that one or two days’ delay is not an unreasona- 
ble request, and I therefore grant further delay until Monday morning,at 11 o’clock. 

Upon the rendering of the decision, the crowd which had thronged the court 
room quietly left, and Burns was taken to his quarters in the upper story of the 
building —all the avenues to which are protected by United States troops. On 
each landing of the stairs there is a squad of marines and United States troops 

posted with fixed bayonets, and there are numbers of troops in the rooms of 
each story. Probably five thousand men could not force an entrance to the 
second story of the building, so strongly is it guarded. \ 


\ 


the passages down the sides of the Court House; and these rope barricades are 
arded by the Boston Police! ! The Court House itself is garrisoned by Uni- 
ed States troops, some of whom were quartered in the fourth story and others 


Large supe, instead of chains, are now employed to fence out the people from 


creatine eaten annette CT 


oe 


aie 27 


in the second story, where Saturday and Sunday they were seen lounging about 
the wjndows, and gazing at the crowd in Court street. The poor fellow against 
whose liberty this force is marshalled, could now and then be seen on Sunday, 
looking from a third story window on the west side, in the room where he is 
held by the Marshal and hisaids. Such is one picture of man-hunting in Bos- 
ton. 

The military of the city which has been called out by the Mayor, was quar- 
tered in the City Hall, where they could be seen from the windows yesterday. 
The documents will explain how they were called into this service: 


‘ CoMMONWEALTH oF MassacHUSETTS. 
Boston, May 26th, 1854. 


To Col. Robert Cowdin, commanding the Fifth Regiment of Artillery of Massa- 
chusetts Volunteer Militia. 


Whereas, it has been made to appear to me, J. V. C. Smith, Mayor of Boston, 
that there is threatened a tumult, not and mob of a body of men, acting togeth- 
er by force with intent to offer violence to persons and property, and by force 
and violence to break and resist the laws of this Commonwealth, in the said 
County of Suffolk, and that Military Force is necessary to aid the civil authori- 
ties in suppressing the same. : 

Now therefore, I command you, that you cause two companies of Artillery, 
armed and equipped, and with ammunition as the law. directs, and with proper 
officers attached, to be detailed by you to parade atsaid Boston, on this evening, 
at their respective armories, them and there to obey such orders as may be given 
them according to law. Hereof fail not at your peril, and have you there then 
this warrant with your doings returned thereon. _ Witness my hand and the seal 
of the City of Boston, this twenty-sixth day of May, 1854. ye alle, 


SUFFOLK, ss. 


J. V..C. Suiru,. 
3 Mayor of the City of Boston. 


® 4 - ; : oem 

Immediately upon the reception of the above document, Col. Cowdin issued 

the following order: — ee 

Head Quarters, 5th Reg, Art. 1st Brig, 2d) 

Div. M. V. M., Boston, May 26, 1854. rei: 

In obedience to a requisition from his Honor, J. V.C. Smith, Mayor.of Boston — 

the Captains commanding Companies A and B, of this regiment, will report — 

with the companies under their command, at City Hall, forthwith, uniformed, — 
armed, and equipped as the law directs for special duty, and there await further 

orders. | exe 

Signed, §Roserr Cownrn, Col. 

Capts. of Companies A and B. Ma 


Head Quarters 5th Reg., 1st Brig., 1st Div. \ 
M. V. M., Boston, May 27, 1854. 


In obedience to Division and Brigade orders of this date, the commanders of 
companies composing this Regiment, will cause a detail of four privates, under 
command of a corporal, to assemble at their Armory, uniformed, armed, and 
equipped as the law directs, for special guard duty, and there wait further or- 
ders. Per order, 

Rozert Cownrn, Col. 

F. A. Heatu, Adjt. 


Subsequently the Mayor issued his precept, similar to the one received by 
Col. Cowdin, to Maj. Gen. Edmands,’ and the Independent Cadets and Boston 
Light Infantry were detailed for duty of the same kind. 


4 


28 


“ noticed ehie It, riot, and mob,” 
be noti are called out to suppress “ tumu : : 
val sed Diy hea and resist band laws a Synte eelgrass 

yb ven them g j 
they are “to obey such orders as may be g! Sa arots 
Tike ‘what law of this Commonwealth autho! 

paleadian sentries for the garrison in that fortified slave pen, 


m of a poor eT ee only crime is a decided repugnance to 


e a matter of interest to the riotously disposed to jogos Paes 
men could not rescue Burns. i The Court. Hons? 
with ba ttack be made, the air w 
tne tucks cae & fhe wott, had better try a little of the rescue 


Biss Fos Ss - ate. city. Saturday, from Washington, by the 
mM rs gets me eel have he fugitive slave ‘trial carried 
atk as po ssible, and the law executed to the letter. Also au- 
upon all 


. in the vicinity for assist- 
the United States troops in the vi ok Alarchal 


ance, and if n ed, to send to New York for reinforcements. 
responded that it sHouLD BE DoNE!” Oe, ‘ 
| Send to 3 i n d navy wi 
ae | York for reinforcements!” The whole army an 
ct te eolaged to get hold of this man and get him out of Sapa akg 
- sant some Germans yesterday, who had been taking a look at the Court House. 


ry i i and one of them, pointing to the 
‘They were much excited by what they saw, Sai ciseh sich ord 


soldi id “and you call this a free country!” as 
“ment, Saturday evening, is reported by the Gazette, as follows : 


Tt was mm that ; i “ demonstration” for 
It I d that the truckmen intended to make a I / 
eo lsecht benefit of Wendell fetes oe Bee is vol 
* dore d Swift, and so general was the rumor 
Fy ime ae plications were made to fe tn to eee < - aia and 
proper ople in the vicinity of those houses. During this evening r 
er shed sens pie to Sek we dwellings of Messrs. Phillips and reek 
and to read the name and number carefully, and then to proceed; but up to 12 
o'clock there had been no violent demonstration. The Mayor had taken ee 
eee having runners or couriers out in every direction who could furnis 


‘reliable information from any point in the city in less than five minutes. Capt. 


Eato é i i diness to be 

‘W. D. Eaton, with 34 of the best men in the department were in rea 

wited into ye bois at a moment’s warning, and other men, —a large force — 

- concealed and also ready for action. Suspicious persons were closely watche 
but no violence was attempted. — 


 SUTTLE REFUSES TO SELL BURNS. 


e’s counsel, stated before the commissioner, Saturday, that 
cot Bases fer his fair market value as a slave. Endeavors 
rely made to rescue the man by paying the claimant’s price for 
reed to give him up for twelve hundred dollars. This sum was 
ly; but then he averred that he must also have all the ex- 
Finally said that he was counselled not to give the man up at 

that | the commissioner advised him to conclude the arrange- 
that had been agreed on, and that Mr. Hallett used his influ- 
revent it, and also that Suttle has received a despatch from Virginia, 
> him to take the man back at any rate. The gentlemen who sought to 


‘the claimant were in consultation on the subject until midnight, Satur- 


A 


! 


29 


day. When the result was known the following handbill was put in circula- 
tion : — 


“THE MAN IS NOT BOUGHT! 
HE Is sTILL IN THE SLAVE PEN IN THE CourRT Hovsz. 


The kidnapper agreed, both publicly and in writing, to sell him for twelve 
hundred dollars. The sum was raised by eminent Boston citizens, and offered 
him. He then claimed more. The bargain was broken. The kidnapper breaks 
his agreement, though even the United States commissioner advised him to 
keep it. Be on your guard against all lies. Watcu THE SLAVE PEN. Let 
every man attend the trial. Remember Monday morning at 11 o’clock.” 

We stated, Saturday, that this man hunt in Boston was deliberately contrived 
and intended as an outrage to the principles and feelings of men in the-free 
states, to be perpetrated by way of jubilee over the passage of the Nebraska 

ill. This was said at one of our hotels, Friday evening, by a gentleman from 
Northern Virginia, and was told to us by the gentleman to whom he said it, and 
whom he seems to have mistaken for a southerner. The final refusal to sell 
the man plainly confirms this statement. 


z 


SERVICES AT THE MUSIC HALL. 


There was an immense audience at the Music Hall yesterday to hear Rev 
Theodore. Parker. There was a general expectation that he would have a 
“ Lesson for the Day,” and that vast hall, with its double tier of galleries, could 
not contain all the people who sought admittance. Mr. Parker delivered a short 
extempore discourse on the subject uppermost in all minds, which we give in 
full. He then delivered a short discourse on another subject. When he rose 
to pray he read the following : — 


; ‘ 

“ Anthony Burns, now in prison and in danger of being sent into slavery, 
most, earnestly asks your prayers, and that of your congregation, that God would 
remember him in his great distress and deliver him from this peril. 

“From Rev. Mr. Grimes and Deacon Pitts, at Burns’ special request.” 


He said, in substance, (we cannot give his language precisely,) that this 
was the old form for such requests, but he did not like it. It seemed to ask 
God to do our duty. God was never backward to do his work, and we should 
do ours. He could not ask God to work a miracle to deliver Anthony Burns, 
although if he should see fit to do so it should be accepted with proper senti- 
ments of reverence and gratitude. He had received the same request in an- 
other form, which he liked better, and read as follows : — 


“To all the Christian Ministers of the Church of Christ in Boston. 


“ Brothers: I venture humbly to ask an interest in your prayers and those of 
your congregations, that I may be restored to the natural and inalienable rights 
with which I am endowed by the Creator, and especially to the enjoyment of 
the blessings of liberty, which, it is said, this government was ordained to se- 


cure. ANTHONY BURNS. 
“Boston Slave Pen, May 24, 1854.” 


The discourse which followed his “ Lesson for the Day” was on the war now 
agitating Europe, and the rapacious and unprincipled spirit of the men who 
would hurry us into another war to aggrandize the slave power; but he had 
some allusions to the present state of things in Boston. Here is one of them: — 

“ Boston is in a state of siege to-day. We are living under military rule in 
order that we may serve the spirit of slavery ; and Boston is hunting ground for 


| 


30 


the South who respects us so much. Qur Nicholas is a Virginia kidnapper. 
Our ruler is a Judge of Probate.” 
| ‘ 


A LESSON FOR THE DAY. 
DELIVERED AT THE Mosic Hg 11, Sunpay, May 28, 1854. 
BY REV. THEODORE PARKER. 
Phenogtaphis report by Messrs. Slack and Yerrington.] 


hat 
e face of each one of you, as well as by the number of all, w 

is matin Se me to-day. A pote ‘man, some time uate, sent me a cya 
asking me, Cannot you extemporize a sefmon for this day? It is ene : " 
than not todo it. But I shall not extemporize a sermon for to-da = aE - 
temporize the,scripture. shall therefore pass by the Bible words, ate = 
signed to read from the Old Testament and the New, and shall take t ig eae 
lesson from the circumstances of the past week. The time has not come oe “3 
to preach a sermon on the great wrong that is now enacting in this city. e 


deed is not done; any counsel I have to offer is better given elsewhere than *‘ 


other time than now. Neither you nor I are quite calm enough to-day, 
ik ae matter fairly in the face, and see entirely what itmeans. [ ane pro- 
posed to preach this morning, (before the events of the past week took place,) 
on the subject of War, taking my theme from the present commotions in .Eu- 
rope, which also will reach us, and have already. That will presently be the 
theme of my morning’s sermon. .Next Sunday I shall preach on the pERILs 
INTO WHICH AMERICA IS BROUGHT AT THIS DAY. That is the theme for nezt 
Sunday: the other is for to-day. But, %efore I proceed to that, I have some 
words to say in place of the Scripture fesson, after the fashion of the Old Tes- 
ts. : - . . 
telah we came together, there has been a MAN STOLEN in this city of our 
fathers. It is not the first, it may not be the last. He is now in the great slave 
pen of the city of Boston. He is there, if I understand it aright, against the law 
of the Commonwealth, which, if I am rightly informed, prohibits the use of 
State edifices as United States jails—'I may be mistaken. Any forcible at- 
tempt to take him from that Barracoon of Boston, would be wholly without 
use. For, besides the holiday soldiers that belong to the city of Boston, and are 
ready to shoot down their brothers in a just cause, or in an unjust cause, any day 
when the city government gives them its command and its liquor, I understand 
there are one hundred and eighty-four marines lodged in the court heuse, every 
man of them furnished with a musket and a bayonet, with his side arms and 
twenty-four ball cartridges. They are stationed, also, in a building very etrong, 
and where five men, in a passage-way half the width of this pulpit, can cage 
it against five and twenty, or five hundred. To keep the peace, the Mayor, hg 0 
the other day, regretted the arrest of our brother, Anthony Burns, and dec ae 
that his sympathies were wholly with the alleged fugitive —and, of course, wholly 
against the claimant and the Marshal— in order to keep the peace of the oy, 
the Mayor must become corporal of the guard for the kidnappers. He must we 
the peace of our city, and defend these guests of Boston, over the graves, the 
unmonumented graves of John Hancock and Samuel Adams. ; : 
A man has been killed by violence. Some say he was killed by his own co 
adjutors. I could easily believe it. There is evidence enough that they ead 
greatly frightened. These were not United States soldiers, but volunteers from 


' 


31 


\ 


the streets of Boston, who, for their pay, went into the court house to assist in 
kidnapping a brother man. They, I say, were so cowardly that they could not 
use the simple cutlasses sag had in their hands, but smote right and left, like 
ignorant and frightened ruffians, as they were. yd may have slain their 
brother, or not—I cannot tell. It is said by some that t ley killed him. Another 
story is, that he was killed by a hostile hand from without. Some said by a bul- 
let, some by an axe, and others yet by a knife. As yet. nobody knows the facts. 
But a man has been killed. He was a volunteer in this service. He liked the . 
business of enslaving a man, and has gone to render an account to God for his 
gratuitous work. Twelve men have been arrested, and are now in jail, to await 
their trial for wilful murder ! 

Here, then, is one man butchered, and twelve men brought in peril of their 
lives. Why is this? Whose fault is it? Some eight years ago, a Boston mer-. 
chant, by his mercenaries, kidnapped a man between this city and Old Quincy, 

. and carried him off. Boston mechanics, the next day, held up the half-eagles 
which they received as their pay for kidnappinga man. The matter was brought 
before the grand jury for the county of Suffolk, and abundant evidence was pre- 
sented, as I understand, but they found “no bill.” A wealthy merchant, in the 
name of trade, had stolen a black man, who, on board a ship, had come to this 
city, had been seized by the mercenaries of this merchant, kept by them for 
a while, and then, when he escaped, kidnapped a second time in the city of 
Boston. That was one thing. Boston did not punish the deed; the merchant 
lost no “ personal popularity.” : 

The Fugitive Slave bill was presented to us, and Boston rose up to welcome it. 
The greatest man in all the North came here, and in this ciey dat Massachusetts 
she must obey the Fugitive Slave bill “with alacrity” — that we must all “con- 

uer our prejudices” in favor of justice and the unalienable rights of man.” 

oston “conquered her prejudices” in favor of justice and the unalienable rj ‘hts 
of man. Doyou not remember the meeting that was held in Faneuil Hall, when 
a “political soldier of fortune,” sometimes called “the Democratic Prince of the — 
Devil,” howled at the idea that there was a Law of God higher than the Fugi- 
tive Slave bill? He sneered, and asked, will you have the “Higher Law of _ 
God” to rule over you? and the multitude that occupied the floor and the mul- _ 
titude that crowded the galleries, howled down the igher law of God! 
treated the higher law to alaughandahowl! That was Tuesday night. Itwas 
the Tuesday before Thanksgiving day. On that Thanksgiving day, I told the — 
congregation that the men who howled down the higher. law of Almighty God, 
had got Almighty God to settle with; that they had sown the wind, and would 
reap the whirlwind. At that meeting Mr. Choate told the people “REMEMBER! 

Rememser! Remember!” Then nobody knew what to “remember.” Now you 

know. That is the state of that case. Bawa 

Then you “REMEMBER” the kidnappers came here to seize Thomas Sims. 

Thomas Sims was seized. Nine days he was on trial for more than his life, and 

never saw a judge —never saw a jury._ He was sent back into bondage from 

the city of Boston. You remember the chains that were put:around the court 
house; you “REMEMBER” the j udges of Massachusetts stooping, crouching, 
creeping, crawling under the chain of slavery, in order to get totheir own courts. 

All these things you “reMeMBeER.” Boston was non-resistant. She gave her 

“back to the smiters” —from the South ; shé “withheld not her cheek” — from 

the scorn of South Carolina, and welcomed the “ spitting” of kidnappers from 

Georgia and Virginia Now we are having our pay forit. To-day we have our 


- pay for that conduct. You have not forgotten the “fifteen hundred gentlemen 
- of property and standing,” who volunteered to conduct Mr. Sims to slavery — 


Marshal Tukey’s “gentlemen.” They “remember” it. They are sorry enough 


now. Let-us forgive—we need not forget. REMEMBER! Rememser! Re- 
member ! 


The Nebraska bill has just now been passed. Who passed it? The fifteen 


me 


1 of pro} nj ho} in 1851, volun- 
en of and standing ” in Boston, who, ; 
as. ais ano ‘slavery by force of arms. They passed “ 
If Boston had fees the kidnapper of 1845, there would 
Fo sitive Slave bill in 1850. If Massachusetts in 1850 had _de- 
should not be executed, the kidnapper would never have shown 
streets of Boston. If, failing this, Boston had said, in 1851, 
; shall not be carried off, and forcibly or peacefully, by the maj- 
sa body of men, had resisted it, no kidnapper would have _— 
s would have been no Nebraska bill. But to every demand 
Jlasgachusetts has said, “ Yes! yes!—we grant it. all!’ 
bid Union!” : 
is ies in eamest.- Northern Freedom is an 
‘¢ not in earnest, It’was in earnest in ’76 and ’83. It has not 
The Compromises are but provisional. Slavery is the 
since the Nebraska bill is passed, an attempt is made to add 
ury to injury. There was a fugitive slave case at Syracuse 
at New York a brother of Rev. Dr. Pennington, an ‘established 
large tion, great character, acknowledged learning, who 
from the University of Heidelburg, in Germany,— a more hon- 
than that from which any clergyman in Massachusetts ever a 
—his brother and two nephews were kidnapped in New res an 
trial, without any defence, were hurried off into bondage. Thenat 
- know what was done in the last four days. Behold the conse- 
atlas that there is no “higher law.” Look at Boston, to-da f 
no chains around your court house— there are ropes around it. 2 
d and eighty-four United States soldiers are there. They are, Iam told, 
ioners —the scum of the earth, none but such enter into armies, as 
0 souliare, in a country like ours. I say it with pi — they are ig 
for having been born where they were and what they are. I pity the 
well as I pity the mass of men. The accident of birth kept you and 
being among that same scum. The soldiers are there, I say, and their 


lation - Why is this so ? 


“ee 1y friend Wendell Phillips, the most eloquent words that get spoken 
8 Se io as ie eg jicity prevailed upon the multitude from. going, 
_and by violence attempting to storm the Court House. What stirred them up! 
‘Tt was the spirit.of our fathers — the spirit of justice and liberty in your heart, 
‘and in my heart, and in the heart of all of us. Sometimes it gets the better of 
a man’s prudence, especially on occasions like this, and so excited was that on 
sefnbly of four or five thousand men, that even the words of eloquent Wende 
Phillips could hardly restrain orb from going at once rashly to the Court 
e and tearing it to: ‘ound. 
oe Nae maoeraet of cities’. Why? Because we have commonly 
place that was worth keeping. Nocity respects laws so much. Because 
ave been made by the people, for the people, and are laws which re- 
ce. Here is a law which the people would not keep. It is a law of 
asters, a law not fit to keep. i eee 
nin this confusion to-day? The fugitive slave bill Commis-, 


e ‘sowing the wind, that we may reap the whirlwind. 
4 dag bill Pe aauutpae: stands back ; he has gone to look after 
popularity.” But when Commissioner Curtis does not dare ap- 
matter, another iaan comes forward, and for the first time seeks to 
an in the city of Boston. Judge Loring is a man whom | serpotin 
red... His private life is wholly blameless, so far as I know. He has 
ak, 1 iformly beloved. His character has entitled him to the esteem 
zens, I have known him somewhat. I never heard a mean 


* 


‘remember the meeting at Faneuil Hall, last Friday, — when even the - 


is prey hi m-—many good words, He was once the law partner of Horace 


Mann, and learned humanity of a great teacher — have respected. him a good 
deal. .He is a respectable man—in the Boston sense of that word, and in a 
much higher sense: at least, I thought so. He is a kind-hearted, charitable 
man; a good neighbor; a fast friend — when politics do not interfere ; charita- 
ble with his purse; an excellent husband; a kind father; a good relative. And 
U should as soon have expected that venerable man who sits before me, born 
before your Revolution [Samuet May]—I should as soon have expected him 
to go and kidnap Robert Morris, or any other of the colored men IJ see around 
me, as I should have expected Judge Loring to do this thing. But he has sown 
the wind, and we are reaping the whirlwind. I need not say what I now think 
of him. He is to act to-morrow, and may yet act like aman. Let us wait and 
see. Perhaps there is manhood in him yet. But, my friends, all this confusion 
is his work. He knew he was stealing a man, born with the same right to life, 
liberty and the pursuit of happiness as himself. He knew the slaveholders had 
no more right to Anthony Burns than to his own daughter. He knew the con- 
sequences of stealing a man in Boston. He knew that there are men in Boston 
who have not yet conquered their prejudices —men who respect the higher law 
of God. He knew there would be a meeting at Faneuil Hall —gatherings in 
the street.. He knew there would be violence. 

Epwarp Greetey Lorine, Judge of Probate for the county of Suffolk, in 
the State of Massachusetts, Fugitive Slave Bill Commissioner of the United 
States, before these citizens of Boston, on Ascension Sunday, assembled to wor- 
ship God, I charge you with, the death of that man who was murdered on last 
Friday night. He was your fellow servant in kidnapping. He dies at your 
hand. You fired the shot which makes his wife a widow, his child an orphan. 
I charge you with the peril of twelve men, arrested’ for murder and on trial for 
their lives; I charge you with filling the Court House with one hundred and 
eighty-four hired ruffians of the United States, and alarming not only this city 
for her liberties that are in peril, but stirring up the whole Commonwealth of 
Massachusetts with indignation, which no man knows how to stop —which no 
man can stop. You have done it all! 

This is my lesson for the day, 


THE FUGITIVE SLAVE EXCITEMENT. 


We have endeavored to lay before our readers a true and faithful account of 
the events which have occurred here within the last three days connected with 
the arrest and examination of an alleged fugitive from slavery named Anthony 
Burns. The popular excitement still continues; and at the present moment, 
as the examination is progressing, a dense crowd is gathered about the Court 
House, actuated chiefly, as we presume, by motives of curiosity ; but in respect 
to many, no doubt, by a desire and a deteymination, if circumstances should 
favor it, to resist even by violenve the operation of the law. It is observed that 
many, perhaps the larger portion, of this crowd are strangers. While our own 
citizens, as a general thing, are properly engaged in their customary avocations, 
means have been taken elsewhere, and particularly in Worcester, to induce 
people to lay aside their business and come to the city to add fuel to the flame 
of excitement here. Meanwhile the United States and the city authorities 
have taken such steps as it is to be hoped will check any further violence. The 
United States armed forces, which have been called in, are to aid directly in 
the execution of the law. The precautionary measures taken by the city author- 
ities are to preserve the peace of the city, by whomsoever it may be disturbed 
In addition to the ordinary police force, a military force, under the direction of 


34 


‘ . . 
Major Generat Edmands, will be piri he poe and Se he ore a 
ri ted as we ha 

nately such service should be needed. eated as we 3 : 

Sorte sik dog as is the duty of acquiescence in this odious law, we earn- 

> = . . . 
that no violence will attend its execution. ; 
is te by lawless violence and rpsearce Sy we es copa ntil nd wie 3 
indi i i ic mi t the recent act o 
indignation which pervades the public mind a : 
i art of a solemn compromise, an 
the part of the South in repudiating their par i 
honor, the hateful agreement to 
leaving us to fulfil, at the hazard of our own he er - 
i i nal adjustment of the 
which we had bound ourselves in the vain hope of a ; Ld nd 
i versi free and skaveholding states. Le 

threatening controversies between the ores tn 

Iness and honor, but of submission 
rather set an example, not only of faithfu é r, gree 
i of an insulted and disguste 
an offensive compact, and reserve all the eee i ee ak 
blic sentiment for a lawful and constitutional demonstr , suc , 
lonvitee the South that there is: a point of forbearance beyond which we can 


not go. / 


All remained quiet during last night in the vicinity of the Court House, and 
t few arrests were made. ee 
ity set Square has been crowded during the forenoon ; and a large eye . 
strancers from the surrounding towns and cities are arriving by every train. 
Among them was a procession of about three hundred from Worcester, carrying 
a banner with the inscription, “ Worcester Freedom Club.’ ee 
The Boston City Grays, Captain French, are quartered at the City B se ean 
will be relieved to-night by another of our city military companies. e He ed 
States marines from the Navy Yard, and oe eared i pated States artillery | 
in the Court House. 
from Fort Independence, are also quartered in t) 
: The Beaten outside continued this morning, although the crowd was not 
until eleven o’clock. ee : 
wa the rumors of the morning was one that several car loads of persons 


had come down from points on the Worcester Railroad to take part in the pro- » 


ceedings. There-was also another, that one thousand five hundred members of 
a prominent club in this city had volunteered their services to aid in the pit 
ervation of order and the execution of the laws; also, that threats of persona 
violence to several of the officers had been made by certain persons, going fe 
far as an intimation that'one of the officers who arrested the fugitive would be 
hot before night. . : by ate ae 

; Workmen have been employed during the forenoon in repairing the damage 
to the Court House of Friday night. 

Mr. John C. Cluer, who was arrested on Saturday last for a breach of the 
peace, was brought up for examination and committed. Bei" 


- ills have been widely circulated and posted up in the various towns in 
ae asnity of Boston, and oy eet Salem, Worcester, and other distant places, 
‘inviting “the yoemanry of New England” to come in by the early gee to 
Boston on. Monday and rally in Court Square, to “ lend the moral weight of your 
presence and the aid of your counsel to the friends of justice and humanity in 
the city.” Many unthinking peal have responded to this appeal ca - 
Court Square, helping to swell the mob which has there gathered. ; - oar 
know that any further unlawful attempt is to be made to rescue the ot 
Burns. We hope that the-bloodshed of Friday night, and the opportunity whic 
has since been afforded for deliberate reflection, has calmed the heated eo 
of those who have incited to riot, and that wiser counsels now Lge i : : 
our hopes should prove unfounded, if the sanguinary counsels of t es * ere 
in Faneuil Hall are to be acted upon by their deluded followers, we - ou zs : 
earnestly appeal to every good citizen — every friend of order an Prey G : 
who respects the laws—to keep away from Court Square. Remember 


those who are drawn together by curiosity do indeed “ lend the moral weight — 


35 


of their presence” to deeds of lawless violence. Remember that any attempr. 
to rescue Burns by forcible means is hopeless. He is surrounded by a wall of © 
bristling bayonets and of guns loaded with powder and ball. Not only the: 
United States troops, but the citizen soldiery will do their duty. An attack 
upon the officers of the law, supported by such a force, would be not only profit- - 
less but fool-hardy, and the consequences would inevitably be deplorable 

We say, most earnestly, to those who are attracted by mere curiosity and who ' 
do not sympathize with the law breakers, that, if bloodshed occurs, you may be 
the first victims ; and, if yen escape, to the Pxtent that your presence gives en- 
couragement to the evil-disposed, you will be accessory to the death of those who 
fall. We repeat, let every good citizen go quietly about his business, and leave the” 
avenues leading to the Court House to the evil-disposed and riotous. 


“ Edward Greeley Loring, Judge of Probate for the county of Suffolk, in the- 
State of Massachusetts, Fugitive Slave Bill Commissioner of the United States, 

before these citizens of Boston, on Ascension Sunday, assembled to worship 

God, I charge you with the death of that man who was murdered on last Friday 
night. He was your fellow servant in kidnapping. He dies at your hand. You 

fired the shot which makes his wife a widow, his child an orphan.” 


The above we extract from a report of the inflammatory sermon (!) delivered by ‘ 
the Rev. Theodore Parker véderday before his congregation in the new Music _ 
Hall. Let us see whére rests the responsibility, before God. and man, for this 
murder. In one position we probably agree with Mr. Parker. It was not the 
person who, in a moment of intense excitement, inflicted the fatal stab upon the - 
person of James Batchelder, who is responsible for this deed; but it is the men. 
who artfully inflamed his passions, and then left him to their uncontrolled exercise. 
It is they alone who are GurILty or MURDER, and they alone who, here or here- 
after, must answer for the unhallowed deed. The law may not be able to reach - 
them, but public opinion will; and their own consciences, when they find time ~ 
to listen to them, will say to each and every one of them, when the question is - 
asked, Who is guilty of murder ?— “ Thou art the man.” Nee 
There was not a man on the rostrum of Faneuil Hall on Friday evening 
whose hands are not dyed in the blood of James Batchelder; but if any one is — 
more guilty than another, it is the Rev. Theodore Parker, for it was he:who put. 
the motion to adjourn to Court Square. They may all thank heaven that his is 
the only life they have to answer for. We trust that this sad tragedy may be a ~ 
serious warning to these agitators, and that those who are in the habit of listen- 
ing to, and being excited by, their inflammatory railings, will at least follow the 
example which they set them on Friday night, of retiring quietly to bed after 
their speeches were over, instead of joining the mob pa | they incited to. 
deeds of violence. ; 


e 
FURTHER ARRESTS AND INCIDENTS. 


THE PRESIDENT’S INSTRUCTIONS TO THE UNITED STATES 
“MARSHAL. 


We are happy to announce titat theré has been no repetition of the scenes of” 
violence enacted on Friday evening at the Court House. The firmness of the: 
authorities, together with the presence of a large body of military, has sufficed 
to keep the riotously disposed in order, and, although hosts of people have beer 
at all times in the vicinity of Court Square, there has been no outbreak. Our 


5 


36 


the following record of facts and incidents connected 
ce our issue of Saturday evening. 


ve eat excitement prevailed in Court Square, 
eat theists, although at about four o’clock the num- 
less than at any other period. 
sare ta art Strect, near the Court House, about three 
n, b able Spoor, on a warrant from. the Police 
with the murder of a aes tin el 
it examination; which will probably take place to- 
nl ed and committed on the same charge. 


ing admission, but all to no.purpose. The officers 
sn. Poot kad remarkable case of feminine curi- 
‘under their observation. Having exhausted her vo- 
ent, and finding that there was “no use in knocking at the 
; Square. : y 
oe. Fondren conversing in the Square with a friend, about 
ve o'clock Saturday P. M., a stalwart colored man named Nelson 
vho by his previous actions had attracted the attention of the offi- 
‘aimed a blowat Mr. Fay. Officer Tarleton pra seized 
violent tussle ensued for a moment, when both fell to the 
_H. Riley, Cheswell, and Rogers, came to the rescue, and 
was hurried to the watch house, Mr. Tarleton retaining his hold of 
ut. Hopewell had a belt around his body, and attached to the belt 
er sheath which held an African knife, called a creese, the blade to 
Lic me ten inches long, curved and slender, and bore upon it distinct 
i blo ai regis Rio es 
a ea 3 from the post mortem examination of the body of the unfortunate 
nelder, that he was not killed by a pistol shot, but that the mortal wound 
‘inflicted by a-Jong and sharp instrument, near the groin, penetrating the 
- six or seven inches, and severing the main arteries. The creese is capable of 
ting: just such a wound as Mr. Batchelder received, but there is no testimony 
Je known which connects Hopewell with the outrage of Friday night. 
f Mr. Batchelder knew nothing of his death until Saturday morn- 
the announcement was made to her by a lady who saw the account 
currence in‘the morning papers. She chaneed to be in the front yard, 
iately fainted and was taken into the house. 
eek Alfred Swain, belonging in Lynn, made himself conspicuous 
turday afternoon, by haranguing the crowd, but he was speedily cut 
narks by th aboa-eho furnished him with less crowded quar- 
After a short confinement, and under his assurance 
train for Lynn, he was released from custody. 
s and staff established their quarters at the Albion on 
ous to which he had received the precept for calling 
es, and the Independent Corps of Cadets, Lieutenant 
mmanding, and the Boston Light Infantry, Captain 
reserve'order and prevent any breach of the public 
ned on duty through Saturday night, but previous to 
airing to their quarters at the Albion, the Mayor, up- 
8, briefly addressed them, expressing his confi- 
nesty of purpose, and remarking upon the or- 
»sted by the citizens. : f 


‘ 


“37 


. The Light Infantry remained on duty in the Square until a few minutes past 
9 o’clock Saturday evening, when they were relieved by the New England 
Guards, Captain Henshaw, who quartered in City Hall, where they remained 
until yesterday.A. M., when they were relieved by the Union Guards, Captain 
Brown. A Corporal’s Guard continues stationed at each of the armories. 

About half past seven o’clock Saturday evening, Chief of Police Taylor and 
Deputy Chief Ham, with a strong force of officers, commenced clearing the 
Square, and very shortly, and without disturbance, the work was accomplished. 
Ropes were stretched across each avenue leading to the Square, and officers 
were stationed to prevent all persons excepting such as had special busiitess 
within the square, from passing inside of the lines. Many who had composed 
the crowd gradually withdrew, and at half past ten o’clock, P. M., but a few 
hiindred persons remained in the vicinity; and many of these were colored 
peerle of both sexes, but at a later hour they also retired peaceably to their 

omes. 

Mayor Smith remained at the City Hall during the fore part of Saturday | 
night, superintending the measures adopted to preserve the peace. 

The Chief of Police and his Deputy, together with their under officers, have, 
through the whole affair, thus far, been unceasing in their arduous duties, and 
have proved themselves men of nerve and officers of determination in the faith- 
ful and prompt discharge of their’duties. The whole Police Department were 
on duty through the night, ready for any emergency. Saturday evening, Lewis 


s 


- Osgood, Thomas Farretty, James Bellows, (upon whom was found a dirk knife), 


Joseph Brown, James Cunningham, and Charl@s H. Crickney were arrestedfor 
riotous conduct in front of the Court House, and were committed to jail. Since 
nine o’clock on Friday and -up to 12 o’clock on Saturday night, fifty persons 
were arrested and placed in the centre watch-house, and with. few exceptions, 
the arrests were made for riotous and disorderly conduct about the Court House. 
Seventeen of those arrested were committed to Jail —the others being dis- 
charged after a short imprisonment. : 

Owing to a report which gained currency on Saturday afternoon, to the effect 
that an attack was to be made that evening on the residences of Theodore Par- 
ker, 1 Essex place, and Wendell Phillips, 26 Essex street, quite a number of 
persons, probably from motives of curiosity, slowly passed and re-passed Essex 
street during the evening until a late hour, but no attempt was made at a breach 
of the peace. This is but one of the many groundless rumors which have pre- 
vailed since ‘Saturday noon. 

Between twelve and one o’clock on Saturday night, as a carriage containing 
Hon. B. F. Hallett and his son Henry L. Hallett, was passing up School street, 
two colored men were observed following and closely watching it. They soon 
hailed the driver, and the carriage was stopped.. Deputy Chief Ham and offi- 
cer-Pritchard were close gt hand, and upon being observed by the negroes, the 
latter took to their heels. The Messrs. Hallett alighted from the carriage, and 
were accompanied home by Deputy Ham, while officer Pritchard gave chase to 
thé negroes, and succeeded in arresting one of them, but he was subsequently 
discharged from custody. The man‘gave his name as James Palm. 

U. S. Marshal Freeman has received a telegraphic despatch from the Presi- 
dent of the United States, to the effect that he (the Marshal) had performed his 
duty, and instructing him to continue so to do. P 

Our city, yesterday, was ina state of excitement almost unparalleled. The 
abolitionists and their confederates did all they could, to subserve the cause of 


‘mob law! Their treasonable meeting at Faneuil Hall was not enough. Tt was 


not enough that Parker, and Phillips, and their associates, excited the passions 


- of their deluded dupes up to the pitch of destruction and murder, nor that sedi- 


tious handbills stared the passers by at the corners of the streets. Bodies of 
men, from distant towns, came in-to fhe city, to aid their detestable work, and 
the consequence was, that all day our city was the scene of great confusion. 


38 


What these bold, bad men are doing, ‘is nothing more nor less than committing 
treason. The following extract from Daniel Webster's speech at Albany, 1851, 
delineates theircrime. He said: — . 

“The act of taking away Shadrach from the public authorities in Boston, and 
sending him off, was an act of clear treason. I speak this in the hearing of men 
who are lawyers ; I speak it out to the country ; I say it every where, on my pro~ 
fessional reputation: It was treason, and nothing less; that is to say, if men get 
together, and combine together, and resolve that they will ntfs a law of the 
government, not in any one case, but in all cases; I say if they resolve to resist 
the law, whoever may be attempted to be made the’subject of it, and carry that 

os into effect, by resisting the application of the law in any one case, either 
y force of arms or force of numbers, that, sir, is treason. (Turning to Mr. 
Spencer, and stamping with emphasis.) You know it well. (Continuing to%d- 
dress Mr. Spencer.) The resolution itself, unacted on, is not treason ; it only 
manifests a treasonable purpose. When this purpose is proclaimed — and it is 
 bcagrgae that it will be carried out in all cases — and is carried into effect, by 
orce of arms or numbers, in any one case, that constitutes a case of levying 
war against the Union.” 

The present case is a parallel case. Burns is in the hands of the law. Those 
who engage in the work of attempting to take him away from the officers, will 
-gommit treason against their country, and must suffer its penalties. Is there a. 
doubt as to this ? . We appeal to citizens to lay aside their prejudices ; ‘to forget 
partizan opinions ; to look at this treasonable movement of Parker, Phillips, and 
their abettors, in its true lights They aim to give this city over to mob rule; 
they intend treason against their country! What can be worse? Citizens of 
Boston ! let perpotem, loyalty to law, the recollections of the past, regard for 
the present, the good name and fame of this place, have their course! Resolve 
to trample, as with a strong hand, on this treason, and to support an administra- 
tion of the law! 

The attempt in the board of aldermen, yesterday, to eject the United States 
authorities from the court house, failed by the casting vote of the mayor. This, 
* disgraceful design to administer to the spirit of tumult and disorder, will receive 
fhe indignant rebuke of all patriotic men. It evinces the mad excess to which 
fanatical passion will, carry those who surrender themselves to its control, ana 
the danger of trusting public authority to individuals devoid of a proper sense 
of their obligations as guardians of the welfare and safety of the city. 


THE AID OF THE UNITED STATES TROOPS TO THE 
MARSHAL. 


The facts in regatd to the requisition of the marshal, for the United States 
troops to aid in executing the laws, were stated by Mr. Hallett, the United States 
attorney, in the hearing, yesterday, before the commissioner, of the matter of 
the fugitive Burns. 

Mr. Ellis, of counsel for the party under examination,'made a verbal protest 
to the commissioner against proceeding, on the pretext that the marshal had un- 
lawfully employed United States troops to guard the passageways to the court 
house, and had packed the court room with friends of the law, and he wished 
them removed and the court held elsewhere. 

The United States attorney (B. F. Hallett,) rose, and said that the protest made 
by the counsel, (Mr. Ellis,) not being a matter in the course of the examination, 
but implicating the conduct of the marshal and the United States officers, for 
the measures taken to preserve order in and around this court, he felt bound to 
reply.as the law officer of the Unite States, and as counsel for the United 


States marshal. ‘a 


sontmaggst = 


= 


39 


_ The commissioner said it was unneces as he had deci 
Hanlioh as » proceed, and there ~ no motion before > te ge gas ecet 
: said he was aware of that, but the United States marshal 
openly charged here, by the counsel, (Mr. Ellis,) with calawtaatt. nakiner tuts 
ual room and stopping the passageways with armed men, and such language 
i ered here, should be replied to. He desired to say that the United States 
soldiers were here in aid of the marshal, to enable him to preserve order in this 
rag pike he ene yd laws, 7 that they were summoned here as a part of 
atus, un rti j i istri 
cou Gute is “ = er a certificate of the judge of the United States district 
"he men who committed murder that night came ditectly fromthe inci ! 
to es ri bloodshed, which had maddened them in that hall ea pivsaee 
- e “hi he knew of the murder, that he, as United States attorney, called on 
ie ige prague late at night, and upon his representation and his own judgment 
ie posewrey waa Sprague issued the certificate upon which the marshal 
ihe requisition. i tates troops and others to his aid, and they promptly met 
: e President of the United States has approved of this 
. - * cou d og 
er aid which the marshal has, both ptiied ad unarmed, to pada. rie 
hs ence bei iy duel are here 7 the sanction of the President, and under a cer- 
noite fou intse A - nue ores courts, and therefore it is a proceeding 
u sue a . * : eae = rity! 
a8 pa Bs as the Hie icin himself, and all good ciineng 


The Boston Journal comes out manfully in mainte er 9 
, C nance of th 
tains the cause of public order, at this cits when relistaged pig eis sa 
ya and confusion are boldly preached to the people. 
: ogers, commander of the Boston Light Infantry, one of the companies that have 
pine duty, is one of the publishers of the Journal, from which we co y the 
oH mine ve ante d expression of opinion as to the guilt incurred in the killing of 
i - iat us see where rests the perpooe vines 
er. In one position we probably agree with Mr. Parker. — It 
bs in a moment of intense excitement, inflicted the fatal piped fie 
of James Batchelder, who is responsible for this deed ; but it is the men w 


after — must /answer for the unhallowed deed. The law { 
f Le } may not b 
arp! them, but public opinion will, and their own Ainoveumees bandon i 
nd time to listen to them — will say to each and every one of them, when the 
Bees is asked, Who is guilty of murder ?—‘ Thou art the man.” on 
ere was not a man on the rostrum at Faneuil Hall, on Frida ai hose 
pare E , on Friday evening, wl 
al . gies tee in the blood of James Batchelder ; but, if any one is more 
€ motion to adjourn to Court square. They may all thar his is 
pith cay life they mee to caewer for. We trast t ihis ml Geechee wee 
serious warning to these agitators, and that those who are in the habit of listen- 
ing to and of being excited-b y their inflammatory railings, will: st eae follow 
e example which they set them on Friday night, of returing quietly to bed, after 


their speech D i joini inci 
‘ he ae es were over, instead of joining the mob they had incited to deeds 


The ropes were remoyed avi 
yesterday, and the peopl 
i gar Aeaciage pom it during the ay. guise ae 
was 8 in Court square that Mr. Suttle, the claimant of B - 
Pasion ae ag to ae con m4 one terms, and that the negotiations erp 
le violent handbill, of th i . 

was posted about the streets denying the sree mip Sh sk hee 
Every thing seemed to wear a quiet aspect, but there was a deep feeling be- 


er, it is the Rev. Theodore Parker, for it was he who first put - 


at this sad fragedy. may be a. 


Capt. Charles ,O. 2 


before God and man, for thismur- 


fully inflamed his passions, and then left him to their uncontrolled 7 best : . 
they alone who are cuILTy of eLie and they tine itn oike otha Fila ° 


the United States Marshal 1500 men to enforce | 
n French, were on duty yesterday, at City Hall, hav- 


finding food for the soldiers, ‘The eat- 
2d with visitors, and Mr. J. B. Smith’s col- 
hg ve bering about two hun- 


oer | about the court house they repaired 
eu pee bagaery half past one o’clock i list 


ing for freedom at the same , 
orcester. -Among those 
Foster, Charles Lenox Remond, 
jonists. Addresses were made by some of these. S. 
‘one of the coroners had a writ of some kind to take 
rve if he could obtain sufficient force; and Hanscom 
: coroner, but the volunteers didn’t come. Hans- 
1 secret committee in session somewhere, but 
crowd, and | Governor Washburn, chief 
it of six cheers from the abolitionists, 
. & ‘in spirit. 3 ite y " 
addressed the meeting, in which he avowed himself 
d for a moral rather than a physical demonstration, 
re seed be, to the bayonet or the ball. If his. 
srificed, to accomplish the end proposed, it 
uch a price. Mr. Garrison was rather 
im the same business so'long that his 
blunted, and he didn’t feel like rashing 


& 
Ws 


th this Worcester valor, that when it was 

from them because of the confusion its , 

icemen removed it very easily with- 
jlaced in the police station.] 

‘the infamous incendiary handbills that 


ed by Marshal Freeman ! ! — Mar- 
enough to insult even the United 
-prize-fighters, thieves, three card 
aid him in the rendition of Burns. 
shal’s assistants.] : 
ers of the United States marines 

mark them! They are in the court 
ink ocrats. They are supplied with money 
es, by order Marshal Freeman! Such scoun- 
ire yyed to trample upon our laws and 
s and ammunition to shoot you down, if 
submit quietly to such insults ¢ ” 
and abolitionist, from New Hamp- 
Tremont Temple, deliberately ex- 
et of cowards. 


‘ 


41 


Jt was stated yesterday, that a United States government vessel was to be 
fitted out, to take Burns back to Virginia, in the event of his being given up by 
the Court. ; 

Thomas Sweeney in the Herald, repudiating John C. Cluer as an Irishman, 
as stated in one of the papers, says, —. 

“ Since the passage of that questionable enactment, the fugitive slave law, it 
has been openly and violently resisted, and violated in this city and elsewhere. 
by the descendants of the Puritans only — but in no instance have Irish adopte 
citizens codperated with them. The citizens of Boston, of Irish birth, have 
‘taken a solemn oath to sustain the Constitution and laws of this glorious Union 
—and, to their honor be it spoken, they never have, and-never will be found 
to act inconsistently with the proper observance of that solenin obligation.” | 
__ It will be seen that an order was intréduced in the board of Mayor and Al- 
dermen for clearing the court house of the troops quartered there, which was 
defeated by the Mayor’s vote. 

At half-past seven o’clock the chief of police gave the order for clearing 
Court square, and in ten minutes the entire square was as clear of a crowd as 
ever it was upon a Sunday. The contrast was very marked between the order 
that prevailed and the crowded and active appearance that had been presented 
a few minutes previous. It required but about seventy policemen to effect this 
change, and it either proved that the mob was not violently disposed, or that 
the force of the law was very mighty when backed by stalwart and resolute 
men. 

The least opposition was a signal for arrest, and one young man—James H. 
Fowler, of Cambridgeport— who attempted a speech savoring rather strongly 
of the heated, in front of the court house, was passed speedily to the station 
house, all the way clamoring about violated rights. : 

Rumors were rife of arrivals from New Bedford and other places, with rein- 
forcements for the mob, and the cars brought many people, though whether 
they came with the intention supposed, is not known. 2 

he anniversary meetings call many persons to the city, and suspicion, ex- 
cited to the utmost degree, makes small distinction. : 

Last evening two or three men crowded over the line at the entrance of Court 
square, from Court street, and were put out by the officers. During the scuffle 


~ that epee, something fell upon the pavement with a ringing sound, which was 


afterwards found to be a piece of quarter inch wire, abbut a foot long, with one 
end bent in aring, and ground at the other end, on four sides, to a point per- 
sey sharp. It was an ugly looking weapon. The one who dropped it es- 
caped. 
; e evening. passed off quietly. Large numbers remained in Court square 
till a late hour, but no disturbance occurred. : 

At 1 o’clock all still. 


‘ 


Yesterday there were more people in town than on Saturday, every /train that 
arrived being crowded. Most of the strangers went up to the Court House,took 
a good look at its solid walls, its massive doors, and its ponderous pillars ; stared 
at the police who guarded every approach, speculated on the probable suc- 
cess ten thousand men would have in an attempt to rescue a prisoner, spent a 
few shillings for a‘dinner, and went home, perfectly satisfied, as a general thing, 
that there is physical force enough in Boston to execute the laws. — We give - 
below a full account of the various incidents attending this exciting case since: 
our paper of yesterday morning. 


42 
MOVEMENTS AND INCIDENTS YESTERD4SY.: . 


- Monpay, May 29. 

This mornirig the Union Guards, Capt. Brown, who went on duty yesterda 
morning, and quartered in City Hall through the day and last night, were this 
morning relieved by the City Guard, Capt. French. , 

All was quiet in the vicinity of the Court House throughout last night, and 
has remained comparatively so this forenoon, no arrests for disorderly conduct or 
other offences having been made. : 

The woman, Hinckley, who we have already noticed, reappeared this morn- 
ing and urged in vain her right to admission inside of the Court House. She 
left apparently disgusted with the officers. 

A 


t about noon considerable cheering was heard in Court Square. It proved - 


to have been occasioned by the arrival of a band of men, numbering perhaps 
200, bearing a banner on which was inscribed ‘“ Worcester Freedom .Club.” 
They marched up Court Street, into Court Square, and around the Court House, 
and from thence toward the west part of the city. It was a mixed club, many 


of the number being colored individuals, and some of them must have found © 


themselves in strange company. A few moments after they left the Square, all 
was as quiet as pfevious to their appearance. 5 

About one o’clock this afternoon a “ gentleman from the country,” as he term- 
ed himself, was arrested in front of the Court House and taken to Police Sta- 
tion No 1. Williams Court. He had imbibed so reely of intoxicating drink, as 
to be unable to take care of himself, so the Police kindly placed him where he 
could become sober. 

We understand that the Bay State Club have tendered the U. S. Marshal 
1500 men, to enforce the law. d : 


MEETIN G IN THE MEIONAON. 


A meeting composed principally of individuals from the country, 1s now (half- 
past one o’clock P. M.) in session in Meionaon Hall, over which Dr. Mitchell, 
-of Worcester is presiding, 

Wm. Lloyd Garrison and others of similar stamp have made inflammatory 


addresses.. A Mr. Hanscom, who cteated such an excitement in New Bedforda ° 


year or two ago, stated that a writ of replevin, or habeas corpus, to take the 
fugitive Burns out of the custody of the United States Marshal, had been’placed 
in the hands of one of the Coroners of Suffolk, who would serve it, provided he 
. could obtain sufficient force to aid him. : 
The speaker was evidently much excited, and called for volunteers to aid the 
. said Coroner. A large numberof the persons present signified their willingness 
by rising from their seats, but subsequently, when Mr. Hanscom called upon 
ate to “walk up to the rostrum and enroll their names,” very few obeyed the 
p ca. ‘ “ : . ‘ 
Mr. Hanscom also intimated that,a select and secret Committee was in secret 
: Session in an ante-room, but declined giving the names of the Committee, when 
~ publicly requested so to do. 
Cheers were given for various individuals, among whom was his Excellency 
Governor Washburn, for whom six cheers were given, upon the assurance from 
the Chairman that that functionary was with them in spirit and sentiment. 


'THE LIGHT DRAGOONS ORDERED OUT. 


The Independent Corps of Cadets, Lieutenant Colonel Amory, and the Boston 
Light Dragoons, Captain Wright, are now, (half past two o’clock P: M.,) assem- 


43 


bling at their respective armories, having been ordered out by Major General 
Edmands. : é ; j Vi 


BOYS IN BAD BUSINESS. 


About 3 o’clock P. M., a. band of boys, some 20 in number, wearing paper 
caps and headed by a miniature drum, marched through Court square and 
around the Court House. 

It was understood that they were “determined to rescue the fugitive,” and 
their appearance (whether formidable or otherwise) had the effect of drawing a 
—_ portion of the crowd after them. e ~ hee 

e crowd in and about Court Square at about three o’clock was estimated 
at not less than seven or eight thousand persons. 


BANNER OF THE WORCESTER FREEDOM CLUB SEIZED 
BY THE POLICE. 


About quarter past three o’clock this afternoon a delegation of “gentlemen 
from the country,” bearing a béautiful silk banner and two large yellow paper 
placards entered the westerly’ avenue from Court street, passed through the 
square and around the Court House, and repeated the same route, but as they 
reached the southerly end of the square Deputy Chief Ham with two or three 
officers took possession of the banner and placards, and deposited them in Police. 
Station No. 1. ee 

The silk banner bore the following inscriptions : a Reese 


“ Worcester Freedom Club— Warm Hearts and Fearless Seiad = Vet tothe. 
‘Union and Constitution.” ‘ Peake set 
On the reverse : 


“Freedom, National Liberty, Equality and Fraternity.” 
[Figure of the Goddess of Liberty.] 
“ Slavery Sectional.” 
Each of the two placards bore the following: 
“Shall Freedom or Slavery Triumph ?” 
“Let Massachusetts speak.” ‘ 


The crowd at this time (half past five o’clock, P. M.) is as large as it has been ee 
at any time since the arrest of the fugitive, but so far to-day, there has been no 
serious outbreak. : 


Long before the hour assigned for the hearing of the case of Anthony 
the Court room was filled with an interesting and attentive company, compo: 
principally of the same parties as.on Saturday. At 10 o’clock, Commissioner - 
Loring took his seat. After a little delay for the appearance of counsel, the 
proteedings were commenced. —- : 

C. M. Ellis, Eat for the defence, protested against the proceeding, not on 
personal grounds, but because it was not right and fit. The prisoner had nothing 
to complain of in regard to his Honor’sindulgence. He asked if it was-fit while 
counsel bore arms. He said it was a shame that he should be forced to a pear 
as counsel under such cireumstances. It was not fit that the prisoner should 
sit with shackles on his arms. [An officer — He has not them on.]_ That is all 
right then, now, so far as that is concerned, but he was shackled on the first day. 
We protest, also, that we are not to come here to be reminded by force of the 
claims of the Constitution and the laws. 


6 


ked with armed men, and i is not fit that an sxamine. 
1 should - ed. We protest, also, against conducting this case, when a 
‘ et ar OC ape ailled ith military, making it difficult for any 
of the prisoner to obtain access. . It was but fit that every one here 
he the semblance of humanity upon his countenance, and the 
in his person. But though not denying thaf some friends enter 
sy where they have a right, the object seems to be, for some 
‘countenances about, instead of reflecting the benignity that ought 
a tribunal of justice, shall only stare on it with hate. The 


room has been 
proceed 


8 Saturday he knew nothing relative to the Eeponet,- 


his freedom ; and he hoped that all the proceedings wou 
at supposition till otherwise properly, calmly and legally 


; i F 
Lortnc.— The he eageamaay ‘should proceed. I will give 
necessary, hereafter. 

United States Attorney, rose and commented on the te- 
“He said that the protest made by the counsel (Mr. Ellis) 
im the course of the examination, but implicating the con- 
I al and the United States nies ug the cpa tae = 
yrder in and around this court, he felt bound to reply as the law offi- 

nited, Males aad Seems tex the United States marshal, at whose 

was present. 4 eRe : ‘ 
commissioner said it was unnecessary, as he had decided that the ex- 

ion was to pr and there was no motion before the court, 
_, Mr. Hallett said he was aware of that; but the United States marshal had 
~ been open! pharene ete by the counsel (Mr. Ellis) with unlawfully packing 
this court room and stopping the passage ways with armed men, and such lan- 
guage, if uttered here, should be replied to. He desired to say that the United 
23 5 er soldiers were here in aid of the marshal, to enable him to preserve order 
this court and to execute the laws, and that they were summoned here as a 
rt of the posse comitatus, under a certificate of the judge of the United States 


ict court, (Judge Sprague.) pa : 
Seed a ae i eatoe Pages necessary by the conduct’of men who got up 
_ and inflamed the meeting at Faneuil Hall, some of whom he saw here withie 
-. the bar, and who were claimed by the counsel sre Ellis) as his friends. The 
men who committed murder that night came directly from the incitements to 
riot and bloodshed which had maddened them in that hall; and it was then, 
_and before he knew of the murder, that he, as United States attorney, called on 
Judge Sprague late at night, and upon this representation. and his own judg- 
ment of the necessity, Judge Sprague issued the certificate upon which the 
1 called. in the United 


_ The President of the United States has approved of this course, and the ef- 
ficient aid which the marshal has, both armed and unarmed, to prevent further 
_ violence a urder, are here by the sanction of the President, and under a 

of a judge of the United States courts ; and therefore it is a proceed- 
yo F uch as the commissioner himself and all good citi- 


about to comment on Mr. Hallett’s language, when 
as a matter in which he alone was interested. 
delay till the circumstances of which he had 
2removed. 
lied that the trial must proceed. 
the absence of any record, whether the commissioner 
ease. Mr. Loring replied that he was qualified fif- 


a 


asked if it was necessary to go over the evidence 


‘ 


States troops to his aid, and they promptly met 


45 


The commissioner replied that he did not deem it necessary. 

Mr. Dana, for the defence, ee that the previous examination was when 
the prisoner had no counsel, and he inferred that the examination should now 
commence as though the arrest had just been made, he having no notes of the 
previous testimony given. 

- In reply, the court decided the complaint ‘should be read, and the proceed- 
ings commenced anew. 

The @omplaint was then read by Mr. Parker. 


* William Brent was then called as a witness, and testified that he was a mer- 


chant of Richmond, Va; was acquainted with Colonel Charles F. Suttle, and 
had been for a long time; knew Anthony Burns; the black man in court was 
the same —the prisoner at the bar; he knew Burns in Stafford county, and 
bore the relation of a slave to a master, being hired out by Suttle; had hired 
him himself in 1846, ’47, and ’48, or ’47, 748, and ’49, and knew of his being 
hired out since that time ; hired him out last year and the present year, as agent 
for Colonel Suttle, in Richmond; the wages went to Colonel Suttle ; knew him 
as a slave for twelve or fifteen years; last year, in March, was hired in Rich- 
mond by a Mr. Millspaugh, Mr. Suttle receiving the wages ; the first letting of 


. Burns by Suttle, to his knowledge, was the year previous to his hiring him him- 


self; when not let out he lived with Colonel Suttle; previous to his being hired, 
he was a big boy, not capable of doing anything; there was no other Anthony 
Burns about the places resorted to by Suttle; he had a sear upon his right cheek 
and a cut across his right hand; there were no other marks upon him that he 


‘knew; he is about six feet high; I was born within three miles of Colonel Sut- 


tle; knew him ever' since he could recollect ; knew all his family; last saw 
Burns the Sunday previous to his absence — the 20th of March; he was miss- 
ing on the 24th; I left Virginia on Saturday week morning; does not know 
how Burns left, only from his own statement. 

It being here proposed to put in the-statements of the prisoner since his ar- 
rest, Mr. Ellis called the attention of the court to the sixth section of the law, 
which provides that the evidence of the alleged fugitive shall not be taken. He 
therefore objected against such evidence beirg received. 

Mr. Thomas, for the claimant, replied that Burns’ admissions and cénfessions 
were a‘very different thing from testimony, he not being privileged to testify, 
as he was a party'in the suit— the defendant. 7 

Mr. Dana responded, sustaining the point of his associate. He regarded it as 
the height of cruelty to the prisoner to take advantage of the only power he had 
under this law, that of speech, to his detriment, when the claimant, the other 
party in the suit, had not only his own rights, but, in these alleged confessions, 
a portion of the prisoner’s. 

The court thought that the word “testimony,” in the law, must be regarded 
as referring to evidence given by a witness, and not to confessions or admis- 
sions ; but, nevertheless, he was unwilling to prejudice the liberty of the pris- 
oner, and his eounsel might have the right to pass that question for the present. 

Mr. Parker asked that the questions might be asked, and the answers taken 
down for future use, if necessary. 

The court assented and admitted de'bene. Mr. Brent then proceeded : — 

Burns said he did not intend to run away, but, being at work on board a ves- 


’ sel, and getting tired, fell asleep, when the vessel sailed with him on board. 
, On Mr. Suttle’s going into the room after the arrest, the first word from Burns 


was,“ How do you do, Master Charles?” The next thing was, * Did I ever 
whip you, Anthony?” The answer was, “No.” The next question, “ Did I 
ever hire you where you did not want to go?” The reply was, “No.” The 
next question, “ Did you ever ask me for money when it was not given you?” 
The answer was, “No.” Mr. Suttle then asked, “ Did I not, when you were sick, 
take my bed from my own house for you?” and the answer was, “ Yes.” He 
then recognized witness, (Brent,) and said, “ How do you do, Master William ? ” 


| 
| 


| 


46 


Being asked substantially if he was willing to go back, he said he was. Burne’ 
mother lived with Colonel Suttle, and is now on his place ; has a sister in Rich- 
mond, and a brother in Stafford county with Colonel Suttle ; knew of no’ fact, 
other than Burns’ mother living on Suttle’s farm, that she was his slave. 5 
[The witness here found difficulty in explaining the relation of Suttle’s al- 
leged property to him, ‘from the fact that the Court said he must not state any 
erson to be “a slave” without corroborative legal evidence. Sundry questions 
caging upon this point, were discussed at length by counsel.] 
rent continued—When I hired Burns, I gave my bond to Suttle, who claimed 
to own him; on another occasion, when Col. Suttle was desirous of making 
some pecuniary transactions, he gave a mortgage on his property, including this 
man Burns, in order to raise the money ; he then stated that Burns was one of 
his slaves ; when he sent Burns to Richmond, to be hired out, he described him 
as his “boy ;” it is customary in Virginia, to give passes to slaves, when they 
go about, one of which -Burns had when he came to his (witness’) house in 
Richmond. e . 
Cross Examined.— By Mr. Ellis. —1Iam 35 years of age; lived always in 
Richmond; am in the grocery commission business; own slaves myself —ac- 
uired some by marriage 13 years ago, and became interested in others by my 
ather’s death in 1848; have bought-some—- the last in 1841 or 1842; never 
sold any myself; further than that never traded in slaves. I came on with Col. 
Suttle, meeting him in Alexandria, twenty miles from my residence. I left 
Richmond Saturday week, morning, reached Alexandria same evening, and left 
at same time, coming as direct to Boston as facilities would.allow; had ar- 
ranged beforehand with Suttle, that I should come on with him, the boat stop- 
ping at Alexandria for him to get on board; he had said nothing about paying 
my expenses.or remunerating me for coming; came on with him, a volunteer, 
as a friend; never went before on any similar expedition ; had accompanied 
him to Washington frequently as a ‘friend, but mever on any matter of an al- 
leged runaway ; Col. Suttle first sent to me about coming on here; 1 received 
a letter from him two or three days before coming on, in relation to it; have 
never in any form communicated with him relative to coming on, and there has 
been no word or writing between us relative to any compensation ; we lodge 
and room together here, arriving here on Monday night last; Tuesday after 
Burns was missing, I wrote to Suttle of the fact; the man who hired him was 
named Millspaugh, his term of service commencing on the first of January 
last; the mortgage already alluded to was in the name of John M. Tolson, of 
Stafford County, Virginia; the conversation with Burns since his arrest, occur- 
red in the Marshal’s room, in this building, in the presence of several police 
officers, between 8 1-2 and 8 o’clock on Wednesday night; do not think he had 
irons on; I have seen him with ironsgon ; the conversation commenced imme- 
diately after the remark from Burns, “ How do you do, master Charles?” Col. 


. Suttle did say, “I make you no promises and I make you no threats;” Suttle 


also said he would make no compromises with him; heard nothing of any re- 
mark by Suttle, as to Burns better consenting to go back; this is substantially 
the whole conversation; was in the room some five minutes ; went there from 
the Revere, and then returned ; the reply of Suttle about promises and threats, 
and making no compromises, was after Burns said something about going back ; 
[ have lived in Richmond four years ; Suttle resided in Alexandria two years ; 
went there two years ago next August; before I came to Richmond, I lived in 
Stafford County, where also did Suttle, before he went to Alexandria. 

By Mr. Dana.— Burns’ mother lives at Stafford; he has a brother and sister} 
don’t know that the bond between me and Suttle, as to the hiring of Anthony, 
is in existence ; am not responsible for Anthony’s connection with Millspaug 
other than as agent, and which ceased when he escaped ; the conversation in 
the Marshal’s room was not in-the very words I have given, being categorically ; 
I only answer here the questions put to me, and have stated the conversation as 


ce 


sencly as I can recollect. Burns’ so-called mother was generally reputed to be 
such, cae ’ . 

Caleb Page sworn.— Reside in Somerville; am a teamster; was: present at 
.the conversation alluded to with Burns in the Marshal’s room: did not hear the . 
first of the conversation, but remembered the questions relative to the giving of 
money, flogging, the use of the bed when sick, &c. Col. Suttle asked Anthony 
why he.left him, or why he ran away, he did not remember which; he did not 
hear the answer, not being very near; Suttle asked him if he did not come in 
Captain Snow’s vessel; Burns replied that he did not: he then asked what 

vessel he did come in, but witness did not hear the reply. : 
Cross-Examined.— By Mr. Ellis. — Am a teamster, in Milk street, working 
for various firms; own my own team; am not an officer; was asked to come 
and assist in arresting a man by Mr. Butman, he saying, “ You are just the man 
I want;” I came to the court house with the prisoner; staid three-quarters of 
an hour; was not here all night, that night; I walked behind at the arrest ; there 


- were four men besides myself; the room where he was put is the same in 


which he has been confined ;.I am still employed in the case by the Marsha!, 
have no written agreement, only his word of engagement; am employed as— 
[witness did not conclude the remark.] : 
Q.:— How came Butman to say you were just the man? ~ 
Mr. Parker. —:You need not answer. : : 
No response. : t na 
3 Mr. Parker then proposed to put in the record of the Court in Virginia, as ev- 
idence. , _ , 
The Court said it was in the case subject to objection from counsel. ; 
The counsel for the defence, after examining this record, said he should have. 


‘several objections to present against it, which he should like to present to the 
aR 


Court in the absence of a jury. AS ae 
Mr. Parker. said the record was decisive of twe points— 1st, that Anthony 
Burns owes service and labor; and 2d, that he had escaped, — and requested 
the Commissioner to examine in the manner most agreeable to himself the 
marks upon the prisoner, to see if they were at variance with those described 
in the document, to prove the identity. Sins os ' 
The Court said he perceived the scars on the cheek and hand, and took oe 
nizance with his eye of the height of the prisoner. “If the counsel wish, I wall 
have him brought to me for further examination.” Sk eee 
Mr. Ellis. No; we only want all the evidence now put in that may be of- 
fered by the claimant to close the case. ? Sse 
Mr. Thomas for the claimant, cited the laws and authorities of Virginia rel- 
ative to the organization and power of the Courts, and of the particular Court 


_ whose record has been adduced. - 


Mr. Dana.— A book is here presented to show that a person “owes service 
and labor” in Virginia. We deny the sufficiency of the evidence. ¢ 

Mr. Thomas. — The proper way to prove the law of another State, is by 
books, as has been decided by our Supreme Court in 4 Pickering, 

Mr. Ellis, — Saving exceptions, we are willing to close the case. _ : 

Mr. Thomas.— If the book is not sufficient, I wish io prove the fact in another 


Way. 
The Commissioner ruled the book in, admitting it as testimony, to go for 
what it would. 
Messrs. Ellis and Dana asked for delay, that they may confer together rela- 


"tive to the defence, the qualification of some expected witnesses, and the ex- 


amination of authorities alluded to. 
The Court said (at 10 minutes to 3) he would allow a delay to half-past 3 
o'clock. : 
A recess accordingly took place. 


48 


~ . * s 
‘ ‘ 
HH, up ress 


é MR. ELLIS’S OPENING ARGUMENT. 


Mr. ComMIssIoNER. 

We wish for reasonable delay to prepare for the defence. We need time 
The prisoner needs it, and has reason for it. : But, understanding the nature of 
‘these proceedings, we can only be thankful for the little that we ,have had at 
your hands. We too, sir, wish to see an end of what we witness, and we shall go 

on though utterly unprepared for such an issue, and, after stating the defence 
_ to the claim, shall produce such evidence as, in the very brief period that has 
iy oe sed, could be summoned. I trust, sir, if the case of the claimant as present- 

ed can commend itself to you as just in law arfd fact — when viewed alone, we 
have proof enough not only to make you payise, but to show you that the case 
isa oie not to be supported by you now. ; 

~ Sir, of the very brief time granted, but a day ina case to decide more than 
that man’s life, when, if it involved only his coat, the wheels of justice could 

not be turned in months, — most has not been available. This case involves 
novel questions of law, but the library has been locked up. Access to this 
house has been difficult. The Sabbath made part of the time. It is now next 
to impossible even for counsel to enter the Court Room, through the military 


forces. The common avenues are entirely barred and impassable. The labor 


and fatigue of a hurried et aroma have been thus multiplied. Precious as 
every instant is to one needing to use it to defend another’s liberty, I have to-da 
lost most of the few minutes ‘pause, forbidden to ascend the stairway, by sol- 
diers with their bayonets at my breast. Still, sir, we must go on. 

We shall offer evidence to contradict that produced by the claimant, evidence 
tipon the facts in issue. 

But, before stating that, or appealing to it, we claim that here is no evidence 
offered that will warrant the signing the warrant of slavery. 


» We stand on the presumption, of which your Honor did well to remind coun- 


‘sel, of freedom and innocence. j 

We claim, not more from the instinctive feeling of common fairness and hu- 
manity, than from the just application of the plain principles of justice and 
law, that, in a case of this sort, that presumption applies with multiplied force 
and isto be held to most sacredly. 

Sir, you sit here, judge and jury, betwixt that man and’slavery. Without a 
commission, without any accountability, without any right of challenge, you sit 
to render a judgment which if against him no tribunal can review and no cout 
reverse. He may be dragged before you without any warrant; you must pro- 
ceed without any delay; without any charge, on proofs defined only 4s such as 
may satisfy your mind, you may adjudge, and risa judgment to surrender will 
be final forever. Therefore, the proposition will commend itself to your, Honor’s 
reason and justice. The mind that is to decide a matter involving questions of 
‘Taw and of fact will not fail to weigh all these questions with the greater care 

- the greater the chances of error and the dangers of its result, and, in this case, 

uire the claimant to prove his case beyond a possible doubt. + 

‘ore proceeding with our evidence or stating it, we submit that, on their 
own showing, they have no case. They offer a paper which they call a record, 
One witness, and a book they call the laws of Virginia. On this we contend 
they have no claim to a certificate. This is one defence. We shall show it to 
be a good one. I design for a time to hold up to view such a case as they yen- 
‘ture to present, before proceeding to our answer. - ' 
_ But when on Saturday morning we asked for delay of a day or two to prepare 
for the defence, the counsel of the claimant, against this presumption, and 
against his right, dared to say that we have no defence to make; and to-day, 
beginning as we do at the earliest hour on Monday, after less than a- day 
available for labor, really gathering our facts as they are putting in their case, 


49 yt 


‘ . ‘ 
the counsel ventures again to hint the same thing. By what right? By what 
warrant? On what sort of presumption ? ; x! 

Sir, before proceeding to state the rules of law by which you are to judge 
this case, I am happy to be able to state that we shall offer proof that this 
atrocious charge, and seizure made on a false pretence of robbery, have no 
foundation in fact. is 

The slave claimant’s attorney said, too, that we had no defence to the case 
but against the law; and that we came here to ask that that should be overrid- 
den, and the constitution violated. This too is not true. Not only have I never 
opposed the law, but I have done something to stay resistance to it. I stand here 
for the prisoner, under and not against the law. I shall not shrink from debat- 
ing the just limits of this Bill of 1850. I trust I shall never fear to ayow my 
utter hatred, as a man and a lawyer, of this Bill. But, in reply to this remark 
and as a fit suggestion in approaching the debate, I will say, especially do I fee 
called upon to say, with these ‘surroundings, with this form of seizure, charge. 
and procedure, in the midst of this Court House occupied like a fortress, filled 
with troops, every entrance guarded on every step, even counsel denied entrance 
for a long time, jn a cause in which claims are asserted and advocated by armed 
men, held in a room, packed, in the main packed, in a proceeding in which the 
sole law officer of the general ‘government dared to make the exhibition we 
have witnessed, that if there be any who do need especially to be reminded 
that there is a constitution and that there are laws, they are not the counsel for 
the prisoner. _ It is not I. : 

Pleas your Honor, I cannot consent that the counsel for the claimant, as 
Mr. Thomas thought to do, shall hint to me the line of my duty. I judge not of 
his course. I notice these things only because of his own provoking. I neith- 
er commend nor condemn their action. Their own consciences shall judge 
them. One, all of course expected to see-here. The gentleman who for the 
first time appears in such a case, and whom it has been my privilege to calla 
friend, I did not think of meeting. But for myself, I do say, that sooner than 
lay my hand to the work of aiding in such a case I would see it wither, and 


.rather than speak one word for aslave claimant I would be struck dumb forever. 


It is my duty to remark, and I am led to do so more particularly because of 
the suggestion that we seek not a trial under but a triumph over the law, upon 
the real posture of the parties and the court. Itis highly proper always that the 
mind, whether on the bench or in the jury. box, which is to judge of fact or law 
should perceive clearly every thing in the;position of the parties, the form of 
procedure, the circumstances surrounding, and the results to follow, that may 
tend at all to disturb its balance. We stand here, you are here, sir, with- 
out a single one of the countless provisions with which the law so carefully 
surrounds every tribunal that is to sit in judgment, according to its position, for 
the preservation of its purity and the protection of innocence. 

I cannot approach this case without being oppressed with the feeling that, not 
speaking merely with regard to the Slave Bill, but in view of the peculiar facts of 
this case, in almost every thing save the one thing wherein our hopes are centred, — 
your honor’s jadgment,—there is not to be found the image of a thing that can bear 
the shadow of the name of a trial. May not that mind fail inthe coming ruin! Inter 
arma leges silent. 

I shall have the honor-to submit that some of the few decisions on this Bill on 
which the claimant relies as authority for this case were influenced by peculiar 
political views applied to this recent statute, which have no force remaining to sup- 
port them as authorities, whilst otherwise are to be plainly distinguished from this, as 
most of them are. I now remark that this trial is political. It is strange that 
whilst our ears are insulted by guns for the passage of'a new law to extend the 
area of the compromise, this trial is Started here, and several others at the same 
moment in other distant places. That the learned District Attorney for the Unit- 
ed States should have dared to rise here this morning, disobey the court, and over- 


50 


awe it, is more than strange. By and Dy, I shall say it is strange that they call on 
courts, relying on the faith of treaties which they have trampled on. _ 

I approach this case thus because I must pass by these heaps of rubbish to reach 
it, because it is my right and my duty asa lawyer plainly to point out and to speak 
of every element, in the law that may bear on your construction or administration 
of it, and those circumstances that may mislead, prejudice, or disturb you, and be- 
cause I think that by this you will feel that we have the better right to fall back in 
confidence on your resistance to all. In but one thing, sir, in your narrow power 
¢ satisfying your mind on the narrowest points, in this alone is left the semblance 
of justice. 

choose, therefore, to dwell for a moment on all this. Seized on a false charge, 
without counsel, the prisoner is to be doomed. And then with no power to test 
jurisdiction, when every one of the writs of the common law for personal liberty’s 


security is found to have failed, without time, without food, without free access to — 


the court, without the show of free thought or action within it, without challenge 
for favor, or bias, for cause or without cause, without jury, without proofs, in form, 
or witnesses to confront him, with a judge, sitting with his hands tied, in nearly all 
points the merest tool of the most monstrous of anomalies, with no power to render 
a judgment, but full power to doom to the direst sentence, I say that, in all things, 
save one, in your opinion, the Prisoner has not the semblance of justice. _ 

Clothed as you are with such transcendent powers, you must feel, and sir we are 
thankful to have this case before your honor, rather thang—before your honor, 
because we do feel that however, whilst holding a post, you feel bound to do its du- 
ties, you will, in the exercise of this power to which the world can furnish no par- 
allel, see to it that there can be no error possible, but you judge as you would be 
judged. Apart from this the Prisoner can have no hope. I choose, therefore, be- 


fore turning to the light, before pointing out the way of escape, to see if any light | 


can be thrown into this mass of blackness that is offered, to confront their case. 
I wish to look the men in the eye who dare to come here with pistols in their pock- 
ets, to ask us to meet a case with our opposing counsel armed, hemmed in with 
armed men, ‘entering court with muskets at our breasts, trying a case under the 
muzzles of their guns. I choose to ask these men, face to face, by what show of 
right they speak of law and justice. All this is legitimate. It is worth considering. It 
will be remembered. I leave it. 

Sir, it was and will be urged that this examination is preliminary. My learned 
associate wel] replied “To what?” Surely it is well to settle the preliminaries, 
and not to dwell on unimportant formularies. ‘The examination in Virginia I sup- 
sored was preliminary. Soshall each lay this to.his soul who acts at any stage. 

reliminary, sir, they know better when they say so. The law looks no further, 
nothing is to follow. There is no postliminium. This is the final act in*the farce 
of hearings. They know, we know, you know, that if you send him hence with 
them, he goes to the block, to the sugar or cotton plantation, to the lash under which 
I have heard Sims, who entered the dark portal, breathed out his life, and that 
man is a fool who expects me to believe otherwise. 

Therefore unless a case of overwhelming proof is presented, unless by no pos- 
sibility could any but the slave of Suttle be seized or surrendered, is this certificate 
to be refused. roan 

They call one witness; and, as additional evidence, produce a written paper 
which they call a record — to prove the facts of service, escape, and identity under 
the 6th section of the Bill of 1850. We claim that it is, on their own showing, a 
possible hypothesis, as we shall offer evidence to prove to your honor, that at the 
a of the alleged escape the person charged was a- free manat work in Massa- 
chusetts. ; 


1. This is admissible only under section sixth. 

2. Being not a judicial tribunal, this magistracy can take no cognizance of the 
laws of all the States, now thirty and soon to be many more. Slavery or no slavery 
is always a complex question, of extreme nicety often. | 


dl 
3. The statutes of Virginia are not proved. There is reason why a jtidge in hi 
circuit should be presumed to know them: The statutes of Se ae ae 
that the volumes printed by authority shall be taken in courts as prima facie proof. 
pata there is‘no such law for this. These laws, therefore, must be proved as 
acts, Ges e > 
_4. So too, must the existence and seal of the court. True, that being exhibited, 
binds you, But that must be proved. 1 Greenleaf evidence. nee 
5. If this offered under Constitution Art. 4, § 1, as a record and its effect is to be’ 
tried by that provision and in the provision of the law tested by that, it must fail 
for the reason I will state. But it is not so offered because they cannot venture to 
‘assert that the act of the Virginia court or your honor’s is judicial or this a judicial 
_ record at all. < Vil 
6., No, this stands like the rest, or falls, under the protection of the clause for 
surrender of servants claimed, and the precise question arises on this, a constitu- 
tional question, though only on a point of evidence, can Congress as incident to the 
power of surrender, provide for a species of proof which so violates the principles 
of our laws and its own provisions. Especially consider article 4, § 2 of the 
Amendments, especially art: 5. . - ; 
_ % But the statute describes it as a record, and as such it is offered,-and as such 
it is unconstitutional to make it evidence, because under art. 4, § 1, of the Consti- 
tution, the effect to be given to real records is limited. It is “ full,” no fuller than 
they have within the jurisdiction wherein they are made, and there no one would 
tae without notice. 7 Metc, 333, Gleason v. Dodd. 1 Cush. 24, Ewer. 
Ve mn. : f ‘ 
Again this record is not admissible, because it is not entire. - It has no charge, 
no issue, ho finding set forth. : 
2. It is not a copy of, but a transcript from the record, and so purports to be.. 
3. It is not a record “of the matters proved,” it does not “ certify the proof” as 
the Bill of 1850 oe in §6. : Sage ae 
4. It does not describe the prisoner with convenient certainty. 


The complaint and warrant are illegal. They choose these rather than simple 
seizure, and unless this procedure knows no law, and follows no law, if they are to 
go by due process of law, they fail. : : eee 


1. Neither the complaint nor warrant allege the fact, of escape sufficiently. It 
is on or about a certain day. i grits @ 

2. There is no allegation sufficient as to the facts of service, how he is held, 
whether as apprentice or slave, by one as owner or as lessee, for life or years, to 
enable him to prepare a defence. . é Seber 

3. Nothing is prayed for that youcan grant. The prayer is that you restore the © 
prisoner to Suttle in Virginia. You cannot. Section 6 authorizes you to certify 
and him to take, and § 10 only authorizes you to deliver up. True they ask for 
other relief, but this not as is said of the prayer for general relief in Courts of — 
7 at all next to the Lord’s prayer. _ : sok 

4. There is no description with convenient certainty. 


1. The nature of the evidence offered is not sufficient, assuming all they offer it 
is this, that within a few years, the prisoner, rendering. no acts of service to the 
claimant, only by hearsay said to have ‘been born of a mother, also not shown to 
have rendered any service to Suttle, has been said by Suttle to’ belong to him. 
Bin is not sufficient. 1 Curtis 43, Morris’ case, and cases cited there. J. B, 

lonroe. 
~2. Again admissions made by one claimed to be a slave are not admissible on the 
trial of freedom. 1 Green. ev. § 215, 220. State v, Charity, 214. - 


All confessions are to be excluded. “The master has an almost unlimited con- 
trol over the body and mind of his slave. The master’s will is the slave’s will. 
* All his acts, all his sayings are made with a view to propitiate his master. His con- ‘ 


\ ‘ fi #6 ¢ , 


~ 


52 


bir? sali, %, : a k 

fessions ar from a love of truth, not from a sense of duty, not to spea 

; a taleahond | hogaey ae his master, and it is in vain that his master tells him ‘a 

: Mprak the truth and conceals from him how re ane Oe 8 —— prictwbrns heed 

~ glave will ascertain ich is the same thing, thi e ; 

Files of “ssieetennanl dao his answer accordingly. _ We therefore more often 

wet the wishes of the master, or the slave's belief of his wishes, than the truth. And 
is is so often the case that the ublic justice of the. country requires that they 

ould be altog ed.” ev. , ; : 

Su Cie opty tp sal by the court of a slave state, in a trial there. 

Need one pause to remark with what multiplied force-the principles thus stated 

ply here to such acaseasthis. fy " 

: . The bill of 1850 itself in’§ 6 expressly provides that the testimony of the per- 

mn claimed sh be taken. 
Oe lasly pail panko should exclude this, these are enough. 


7 


“Whatever rules you may choose to adopt in this case, whether in relation to 
om “ap ania gh otititcton of the Tektites the admission or the pole ot 
evidence, they ought to be such that it would not be possible for a man staty 
ee, one of our own citizens to be hustled off, sacrificed under the _ ae 
"presumptions under which the laws place him for protection. But — 
rule saked for by the claimant, and sometimes adopted, under the claimant’s 
case, if you should decide it for him, it would be perfectly possible that a oo 

free as you or I should be taken. Let the marks ofa free negro be nated, le 
him live here or in Richmond, let a record be made as this was, without hotice 
to him or any one, let one whinge ere the fact of identity, and is there any 

to be established ? : ig 
eee i bot of olga strengthen it? I supposeda case of one of our citizens. 
- Sup the prisoner lived in Richmond and was claimed there by Suttle in fact, 
put in fact free. You must adopt a rule to protect that right of freedom, in 
whatever form it is possible he or any one set to the bar might be entitled to it. 
. Therefore, I say, that by the law of Virginia, in establishing title on an issue 
-of freedom, in case of one not born beforé 1785, it must be proved that there is 
-direct descent from one then held as a slave, as well as continual ownership ; 
’ -and alse that, not’ only by the law of Massachusetts but by the laws of all the 
“states, by the law of Virginia, and by sang heap pene no faith’ nor credit 
ean be given to a record, sehiols in any wise is to be used to impair one’s per- 
«gon, estate, or liberty, unless it be proved that he was duly and fairly notified 
‘end bound to appear. Any other rule would be unjust, would open the door to 
obvious frauds, be Uestructive of-liberty, deprive the citizens of the free states, 
as well as slaves, of their rights and immunities, and be a gross departure from 
* ‘the settled rules and maxims of the law. 


~ “We claim the utmost strictness of application of the settled rule of the common . 


Taw a: i es of murder, (and a fortiori here,) that the evidence must per- 
2 dahoabn ae hypothesis a that aioe, and establish every fact beyond 
reasonable doubt whatever. 1 Starkie ev. 5, 14, & seq. oe 
* 7 We claim, too, that the amount of proof of one witness shall not be held 
enc ugh. If it be, there can be safety for no man. _ It is true the common law re- 
"quires but one witness in most cases. But this is lege solutus. Besides the i 
_, does require more in some cases. There are unanswerable teasons why in such a 
ease as this, especially in this, more should be ‘required. ’ a 
2. In our Jaw the amount of testimony goes, asp to ued snry. igi : Pe 
oy. . ripture is to be remembered, “ One witness shall not rise u 
rm ng pre tik wae the mouth of two or three witnesses: shall the matter 
established.” Be Fe 


a - 


_ ‘ juries in our own. — 


* 


.. Such is the general law of other countries, Such is the general safe custom of 


58 
® : : . 
The reason of the rule “unius responsio non audiatur” is the fit rule for this 
case, “quia unus sibi facile constare possit.” 
But if this evidence be taken it must be all taken and the prisoner is free, 
1. He is a mortgaged chattel. , The mortgagee has the legal title, and is owner, 


and can alone reclaim. 10 Metcalf, 243, Appleton v. Bancroft, and 3 pe gre 
322, Holmes v. Bell, settled that a mortgagor, even if beneficially interested could 


‘ neither maintain trover for the goods mortgaged, nor assumpsit for their proceeds. 


2. He is leased; and if the right of reclamation depends on the present right of 
possession, the ge alone can have that. The Bill of 1850 only authorizes the 
see holding, the person to whom the service is due, to reclaim;_therefore the 
essee is the one to recover. George v. Eliot, 152. 

3. The evidence proves that there was no escape. : 

(a.) The constitutional power is limited to persons “ escaping from service.” 

(b.) ‘The statute is confined to cases’ of escape. 

(c.) Now they choose to show that the prisoner fell asleep on board a vessel in 
the bay in a slave state, and a breeze came to waft him away out on to the high 
seas and into the safe port of a free state. It wasaboontohim. It made him 
free. He finds himself here without escaping. fe 

(2. No act is to be done. He is free. He has gained something, but not ille- 
gally. The master has lost, but that is his fault, in not being a better keeper. 

(e.) This is the general law of nations. 

(f-) This is the law of the United States, and the provision applies only strictly 
to casus federis. In Commonwealth vy. Ames, 18 Pick, and the case of the purser 
of the navy, so settled the law. 


1. I come now to remark upon the Bill itself. On this point, too, I shall merely 
state my positions, 
~ 2.°The counsel remarked that your honor is bound by numerous decisions; that 
all the judges of the circuits end districts, and many of those before whom it had 
come, and many commissioners had sustained this Slave Bill as a valid law. 


I do not deny that there are decisions in its favor. I know them however to be 
far fewer in number than they suppose. But, sir, they cannot justly be said to be 
judicially obligatory on your action, closing this as res adjudicata. You are sub- 
ordinate to no power whatever. The law has not been settled for you. Your de- 
cision upon the law is never to be drawn in question. 

: Nor has this broad question been reviewed by any court of highest resort in such 


Cad 


form as to stand as authority over you save so far as it may commend itself to your - 


judicial judgment. 


4, In the first place this statute is a very recent one, only four years old, hardly 
yet trusted alone out of doors. No way is provided, but every: possible way is con- 
trived to prevent taking the judicial decision of any tribunal in the land upon it, 
save so far as the question may be incidentally involved in other cases, but each 
case must stand by itself before its own magistrate. ae 

5. Again there are several classes of cases, and by far the largest part of all that 
have arisen, which are not of authority, to sustain this law, though they are‘often 
said to do so. ‘One class is of those which only held a law on this subject to be 
constitutional, all they can or do decide is that under the Constitption, Congress 


. May pass a law for restoration of slaves. I do not deny it; they hold that as by 


the law of 1793 trial by jury is taken away on the hearing, therefore that feature 
does not invalidate this bill. But what they decide, as in Sims’ case -on habeas 
corpus in Massachusetts, is that the courts cannot take one from custody of an 
officer of the law held under warrant from’ an officer having jurisdiction of the 
matter. Some of them, because the State tribunals cannot interfere with the pro- 
cess’ of the United States, an objection of which every lawyer at once feels the 


54 


. 


* 


force, some because the only inquiry open to them is whether the warrant issues 
from one having jurisdiction, they having no more right to decide the whole,to be 
void because some provisions of: the Bill are unconstitutional, than to suppose that 
he will not respect the provisions of the Constitution as far as they do limit his ac- 
tion under the statute. Sere a 

Many were disposed of on purely technical points: they stand not so much as 
cases decided for the Bill, as attempts of the bar any where in every form to secure 
the protection of those processes for proteetion of human liberty which have al- 
ways existed under British law. , ‘ 

6. A few stand as cases decided in point, with such weight as may-attach to the 
character of the commissioner. Some of the opinions have been written and print- 
ed in the papers. But, I must say of these few, though I promise you to speak of 
all with terms of such respect as I cannot feel for some, they are political cases. 


_In this use of the word political I attach to it a very different meaning from that 
I designed it should bear as applied to the other proceedings, to the causes which 
originate and the powers that uphold these proceedings. To all of these belong 
the term political in its worst sense. ; ae : 

But to the authority of,these as precedents I apply the term in a far different 
sense. With perfect respect for the tribunals whose decisions are presented to us, 
{ must say that they were influenced by considerations besides purely legal ones; 
the rules of construction have been influenced by matters not of judicial cogni- 
zance, and by circumstances which, however just, however proper to be weighed, 
must always leave these open on questions of a mere legal character. I see well 
how four years since no man, no court could fail to consider that this Bill was pre- 
sented not*alone, that its claims to support were not of a legal character, but that 
this bill stood as part of a system of grants and concessions, the best to be attained, 
to be acted on with a view to the political relations not of the parties but of the 
country. Who could help feeling that the first question was one. of peace ? ’ 

Of course, sir, I do not say that a judicial authority on a statute is to be changed 
because all is changed now. Just thg reverse. I say that any that was influenced 
by such considerations at all is to be scrutinized accordingly. And we cannot fail 


to notice what is.stated distinctly in more than one opinion as the chief reason for — 


recognizing this statute as a valid law, or valid in its chief provisions, and to re- 
mark of it that it is not a matter of legal cognizance at all in any form. 
Lord Clarendon, himself a lawyer, said that in the cases of the ship-money the 


’ judges declared as law from the bench what every man in the hall knew not to be 


. 


law. 

I apply no such remark sweepingly to all cases. To many I know it is not just. 
Many of the cases a lawyer knows must have been decided as they were from rea- 
sons to which I have alluded, cases involving the question only collaterally, cases 
disposed of on different grounds.- Many of the dicta in those Cases, for us as well 
as against, must be forgotten. ° / 

But with due regard to this great fact, to the fact that this Bill is of such recent 
date, that there have been conflicting decisions’ and dicta upon it and on various 
parts of it, that the least that can be said is that the sense of the bar as well as of 
the country is divided, this can hardly be held to be a matter settled by conclusive 
judicial precedent. At ar 

If it be not too late, it is fit to apply the maxim, melius recurrere quam male 
currere. 7 


7. It is to be noted that this Bill has been sustained on the authority of the 
law of 1793. That reason has had weight to which the facts give it no claim. 
It is true, that the existence of the law of 1793 upon the statute book is a just 
legal reason for recognizing this bill, in so far as it involves no new principles, 
as a valid law. Bat no farther. 


55 


Let it be admitted then, for this debate, that the law of 1793 was constitutional, 
that that did not provide for a trial by jury. Still not a step is taken in the argu- 
ment that would sustain this bill. is bill has new features, and what they 
are we see and feel, and how momentous they are is best to be judged from the 
fact that they were pressed, even to the hazard of peace, to the statute book 
and are to be forced, in spite of every consideration whatsoever, to judgment. 

The law of 1793 did not provide for trial by jury, it is true, but it did not pre- 
vent it. That set one man to judge, but it id not prevent him from a judg- 
ment on the rules of evidence and the facts in the case. This presents to you 
a poner for which no one is responsible, blinds your eyes to the truth, although 

it has not yet been judicially settled, says you shall not inquire into it, says you 
must try, but summarily, and ties your hands to a single act. ‘§ 


. 


8. That law, too, left the issue in such a position, that if the party chose he 
could have his trial secured before the magistrate and secured elsewhere. This - 
cuts off any legal process. The writ de homine replegiando, which we had 
thought to be part of the common law, to be matter of common right, to exist 
under the act of 1789, is held to have no longer any existence. The habeas cor- 
pus issuspended. Coke would think all this required a new Petition of Rights. 
He might have thought that such a sacrifice of rights, even in this anomalous 
procedure, could be withstood on the hallowed principles of the English law, 
and defended against under the constitution of the country, E Ries 


: This Bill goes beyond the statute of 1793 in the mode of instituting, the time 


~ of Pipeecuting, the mode of proving, the mode of conducting the t ial, and the 
mo mn ee 


e of enforcing the decision. ’ 
I will now state briefly the positions on which, if you do not feel bound to 
execute this as a settled law in all its détails, I claim that this bill of 1850 
ought to be declared to be unconstitutional. SENS % 


9. It undertakes to give to the Virginia court judicial power.  —*. eS 
10. It gives to a record of the Virginia court an effect not warranted by the 
constitution. A YS Sto 
11. If the paper offered be viewed as evidence merely, the constitution no- __ 
where gives any power to make any such proofs. oh eae. hy 
Art. 3, Sec. 1 has been considered, and, of course, cannot confer it. ee 
It cannot exist as incident to the power of reclamation, because however 
anomalous in form, that is hmited by the rights of citizens’as declared in the 


provisions presently to be referred to. ; 


12. It confers judicial power on you. This position has never been answered ; 
the knot is only cut. 


Justly analyzed, all the objections to this that I have heatd, do not relate to 
your function. It cannot be denied that all the essential elements of a judg- 
ment are involved in it. They all relate, not to the powers you possess, but to 
the bee of their exercise. In such a view, I agree this is not a judicial pro- 
ceéding. 


13. It not only does not secure trial by jury as the act of 1793 did not, but it 
practically prevents the possibility of securing it or of resorting to any form of 
process for relief. , : ; 

14. It violates the provision of article 4 of the Amendments, which guaranties 
persons against unreasonable seizures. 

15. It violates that of article 5, that no one shall be deprived of liberty with- 
out due process of -law, and also articles 6 and 7. ; ‘ 

16. This is not a power that is delegated to Congress. 


17. It goes to defeat the intent of the constitution, and is contrary to the spirit 
of our laws. : 


as 


te 


> f : ; dee ) 
: = } these reasons the laimant shows noclaim toa certificate ;, but the charge 
ps eee The title is not pie 3 he ought not to have hisclaim al- 


af escape is not true, 
OCU. case atood alone, we.feel that it ought to be dismissed. 
eins wre 7 to it, a case ri his own. It can be stated in a 
- The complaint al , the record offered only proves, the only witness 
or fifies to an escape on the twenty-fourth day of March last, from Rich- 
_ The witness swears clearly and positively 
nond on the nineteenth day of March. 


We: hall of witnesses to show, fixing as I think the man and 
time beyor horoetago tp prisoner was in Boston on the first of March 
‘ast, and has been here ever since up to the time of this seizure. ’ 


his is our defence. Thus do we answer the case of the claimant, and hold 
| it must be tried by these rules. Yet I feel that in these cases no one 
7s what groun stands upon. 

teens Erie demands that’ you give us the benefit of every 
the questions of law, and on the issues of fact. — 

i thagw, not consider me as a the re gm want of confi- 
uy Para Tsay frankly and publicly, I am glad this case is not be- 
- But, sir, we ites not whom to trust. Who knows-that he can 
* “What influences may be about you— what may be your opin- 

ions I know not., But this I do feel, to the peril of the prisoner, that a man 
- be more than mortal if he can close his eyes and ears toa thousand things 
‘iat reach them where you sit, all aimed at the destruction of the prisoner. 
. e 


_ ‘are no where else intrusted to mortal man in the ci 
_ > responsibilities correspond to Stat : 
‘ our gourts, a criminal has the benefit of every error in law, and the benefit 
of every doubt, with the jury. The prisoner at the bar can rightly, because of 
your unlimited powers, claim of you, as a matter of honor and magnanimity, 

the most liberal measure of faimmess that he could ever ask at the hands o 

.court or jury, and demand of you to see that you ju@ly give to him all he could 
secure at their hands by any form of legal protection. 
‘ v 


: _ EVIDENCE FOR. THE DEFENCE. 
. Phe witnesses for the defence were then called. The first was — 


William Jones (colored): Reside in South Boston; am a laborer ; know 


ns ; saw him first on Washington street the first day of March; I talked 
“with him half an hour; I employed him to go to work on the 4th day of March 
the Ma works at South Boston; worked at cleaning windows ; he 
ed with me there fiye days; the day I saw him,I made a minute of it in 
. Russell’s shop and asked Mr. Russellto put it down on my book ; ioe Mg 
nor on can’t write myself; the entries were made in the book by Mr. 


heen, ee 


_ *Russell; 1 to give him eight cents a window, and when he got through’ 
"with the wi , I gave him a dollar and a half; he said I hadn’t settled up 

_ with him right; hé went to the clerk about it; 1 have that memorandum book ; 
dit was 3d to the counsel) ; on referring to this book I am able to state that 


te 
~ i 


did go with him at this time to South Boston to work. ; 

Oss ined.—Never saw Burns before I saw him on Washington street ; 
he spoke to'me first ; don’t recollect the day of the week ; about the first of the 
eek; I saw him just [ v 
‘between eleven and twelve o'clock ; he had on lightish pants ; can’t describe 
his dress more particularly because it wasn’t my business to examine his dress ; 


. 


- o# 


at he saw this prisoner in — 


the Commonwealth office ; he was alone ; it was” 


57 


he had on a jjightish coat and cap; he asked me if I knew of any one that 
wanted a man to work in a store; I said, What can you do? he said he coulll 
do most any thing; I took him from there to Mr. Russell’s shop, and went from 
there to Mr. Favor’s shop; Russell keeps in the next street to Water street ; 
dort know his Christiat! name ; he keeps a boot black shop; stayed there five 
minutes ; went from there to Mr. Favor’s in Lincoln street and stayed there three 
uarters of an hour; then to an apothecary shop under the U. S. Hotel; I went 
there to fool; I fetched up there; I don’t know what Burns went for ; I stayed 
‘there twenty-five or thirty minutes; I next went to “Mr. Maddox’s in Essex 
street; he keeps a clothing store; arrived there about two o'clock ; had nothing 
else to do but walk round the city; after leaving Maddox’s came down Wash- 
ington street; went into Mr, Bell’s, dancing master; he went there with me ; 
didn’t remain half a second for he wan’t in; then went down Washington to 
Kneeland street, and then went home at South Boston; Burns went with me; 
it was hight when we arrived home; I had not dined; I eat but one meal a 
~ day, and have no particular hour for that; it was a little'cold ; there might 
have been snow on the grouftd, but I don’t’recollect ; don’t recollect whether it 
snowed or rained; it might have rained twenty times and I not notice it; he 
stayed with me that night, the next night, and the next, and the next ; I never 
‘expected to see this that I see here now; the next merning after he went home 
with me, he came to the City Hall to see Mr. Gould; don’t know his Christian 
name ; | went to see if there were any orders; it was between ten and eleven 
o’clock ; went to get employment for myself; next went to School street; then 
went out on the Neck to take a walk and see what I-could see; didn’t call on 
any body/but Mr. Gould; nexf day got up, Sched my face and hands; went 
to the Mattapan Works; saw Mr. Sawyer, the boss; stayed two or three hours ; 
’ talked with him about the job; went home about eleven or twelve; Burns 
was with me all the time; went back to the Mattapan Works and commenced 
-work at one o’clock ; remained there till’night; Burns was with me all the 
time; he helped me clean the windows; next morning went back to work with 
me; he had no trunk; worked all day; next day cleaned windows ; never keep 
the run of the weather, or the day of the week; after finishing my work at the 
Mattapan Works went to City Hall to see Mr. Gould; Burns went with me ; 
there was no work to be done and we went home then; on the 18th day of 
March went to work at City Hall; he was with me there about three times ; he 
made fire under the boiler for me as an accommodation; he stayed with me 
until the 18th; I left him here on the morning of 18th; never put eyes on him 


again urtil Sunday morning, when I saw him looking out of the window of the - 


Court House ;M stood on the opposite side ; his head was out of the window; 
it was near twelve o’clock ; had been before to the Revere House and called on 
Col. Suttle ; went on the Friday previous to see Suttle ; it was Thursday or Fri- 
day ; saw a good many men besides Suttle; didn’t know any of them ; had never 
seen Colonel Suttle any where else; might have seen him in Virginia, but I didn’t 
know him; first heard of the arrest of Burns on Thursday ; came into the Police 
Court and the Municipal Court; I heard there was a man arrested and I walked 
found here and I didn’t believe; one of the officers told me of the arrest; I 
stayed at the Court House all night Friday night, me and a watchman together, 
protecting the city property; I employed myself; didn’t come into the Court 
Saturday because I couldn’t get in; nobody spoke to me about being a witness 
hére; I came here because I saw this-man $5 

no conversation with any body about this matter until yesterday ; I mentioned it to 
many ; came here this morning with Mr. Lawton ; went from this Court House at 7 
1-2 o’clock Saturday night and came back as the bells were ringing for church 
Sunday morning, and went to the Revere House ; was at the meeting in, Faneuil 
Hall, and came from there when the meeting broke up ; stood in Court street until 
the mob left the square, and then went up the square to protect the city property ; 
fitst heard him called Anthony Burgs on Thursday ; a man read it from the news- 


oking out of the window ; have had - 


08 


paper; I called him John and Jack, or any short name that came handy ; have not 
spoken to Mr. Carlton, an officer, since Friday or Saturday ; spoke to Mr. Carlton 
in the Marshal’s office ; might have passed some words with him ; didn’t tell him 
that Burns belonged to Col. Suttle; applied to the Marshal for a permit to see 
Burns, and he said he wouldn’t let his master see him; I didn’t say if I saw 
him I would advise him to go back. 

George H-Drew (white) called. Was book-keeper at the Mattapan Works 
until the 18th of this month. Knew that Jones was employed about the first 
of March to wash windows at the Mattapan Works ; he was there several days ; 
there were two or three men with him; there was a colored man working with 
him ; had not seen the prisoner at the bar from the time he worked there until 


I saw him here yesterday; yesterday came in here and when I saw Burns re- ° 


cognized him; now recognize him; saw him before with: Jones when Jones 
came to get a job, and I referred him te Mr. Sanger; I looked at this man and 
asked Jones if he was his brother, and he said, All men are my brothers; about 
the first of March, after I settled with Jones, Burns came to me and asked me 
how much I paid Jones ; don’t recollect the number of days they worked ; have 
no doubt of the identity of the man; recognize him by his general appearance ; 
saw him enough here to recognize him; when I came in yesterday, Bums fol- 
lowed me all round the room with his eyes ; I paid Jones fer his work. : 

Cross-eramined. Saw him twice to notice him particularly; one of these 
times was when he came to ask how much I paid Jones; and the other when 
they came to see about the job ; somebody sent for me yesterday noon, saying 
I might be wanted as a witness here ; was brought here yesterday to look at 
Burns; Mr. Stetson came to me Fear at, my residence 13 Indiana place ; 
I hadn’t been here before yesterday ; Stetson said I was wanted as a witness 
at the Court House; was outside of the Court House yesterday morning; was 
not outside of the Court House Friday or Friday night$ was about here one 
hour on Saturday ; I never noticed the scar‘on his hand. 

The Cour: here adjourned to three o’clock. 


AFTERNOON SESSION. 


The hearing was resumed at quarter past three. 
EVIDENCE FOR THE DEFENCE CONTINUED. 


t « f 
George W. Drew (re-called) testified that the way in which he fixed the da 
of Burns being at work at the Mattapan Works was by the entry in the aaa 
book; I paid Jones $1,50 on the 4th of March, and made a final settlement with 
him on the 28th, paying him in all $33,50; the work had been finished some 
days when I settled with him; the first work he did was cleaning the windows. 
’- James F. Whittemore sworn. — Reside in Boston ; am a machinist; in March 


last was connected with the Mattapan Works ; am a member of the City Coun- , 


cil; went West some time in the first of March; returned the eighth of March ; 
know the man at the bar; saw him on the morning of the 8thand 9th of March, 
at our shop at South Boston; he was cleaning windows with Mr. Jones [Burns 
stood up, and was recognized by the witness] ; I then noticed the mark on his 
cheek, and also the mark on his right hand; have seen him in court to-day; 
when I saw him at the shop it was the first time I had been to the shop after 
my return, and I went immediately after my-return. 

Cross examined — Know it was the 8th of March when I returned because TF 
left Philadelphia on the 6th; I called no attention to the marks at that time; 
when I first saw Burns he was on the outside; he remained outside a quarter 
of an Hour; Mr. Drew was in the room at the time with others; the firm failed 
in the month of April; the first time after that that I saw Burns was this morn- 


59 


ing ; { came in to see if I could identify him’ no one asked me to come ; some- 
thing was said’about.his being the same man who was employed by Mr. Jones 
to clean windows; I knew that man and came in‘ to see if it'was him 3 I took 
my seat before looking at him; looked round and saw Burns anid immediately 
stated to a person beside me that he was the man; I stated this to Mr. Putnam; 
the conversation I alluded to’ was held at the office of Mr. Ellis, this morning. 
I went to the office with Mr. Putnam; did not know what business he went 
_ there on ; it was rumored that an attempt would be made to prove that Burns 


* was here before the middle of March, and I supposed Mr. Putnam went in there 


in connection with that business ; can’t say from whom I heard this rumor; I 
heard it last evening at the armory of the military company to which I belong, 
the Pulaski Guards. I heard there that Mr. Jones employed the prisoner about | 
the first of March; said nothing to any one about it; made up my mind I would 
‘come to see the prisoner; I was served with a notice this moriing; was in Mr. 
Ellis’s office when I was served with this notice; Mr. Jones was not there at 
that time; I saw him there a short time afterwards; had previous to this had 
no conversation with Jones about working at his shop with this colored mifn. / 
To Mr. Dana— Am Lieutenant of the Pulaski Guards; have no particular in-- 
terest in this case; do not lie under the imputation of being a Free Soiler or 
Abolitionist ; Iam a hunker Whig. ago 
Stephen Maddoz (colored) sworn— Live at 72 Essex street; keep a clothing 
store ; kept there in March ; know Burns ; saw him at my store in Mareh with 
Mr. Jones ; it was about noon; he was there about five or ten minutes ; I fix the 
time by Mi: Jones asking of me if I had any work; I stated that my outside 
work didn’t commence for two months, the first! of May, that is all I ean fix the 
time by. I particularly noticed the mark on Burns’ left cheek ; I didn’t see 


him again till I saw him to-day at 10 o’clock in this room; came in here with ‘: y 


Mr. Jones, Russell, and others; I recognized him myself without his being 
pointed out tome. ; pe PAS UE 

Cross- Examined. — Have been at 72 Essex street since August last; before 
that was in Washington street, and carried on the same business ; was not born. 
here; did not ask his name when he called on me; Mr. Jones did not mention 
his name ; the next time I saw Jones I said nothing to him about Burns ; [think 
Burns had on lightish clothes when he called with Jones ; don’t know whether 
he had an overcoat on; can’t say what I did the rest of the day:. Mr. Jones said 
I was summoned tobe here, on account of that man who came to my shop; I 
told him I would be here at 9 o’clock ; came at 8 o’clock ; came in with Jones. 
between 9 and 10; have had no conversation with Mr. Jones about Burns, until 

‘he told me that I was summoned; talked about it two or three minutes ; have 
/not talked about it with Jones to-day ; I'spoke to Mr. Ellis about it this morn- 
Ang, in his office ; Jones went there with me ; I fix the time of Burns being in 
my shop by the fact that I told Mr. Jones that my busy time did not commence 
for two months, which would be the first of May ; I mean by my outside work, 
cleaning windows, shaking earpets, &c.; came past the court house on Friday 
night, after the adjournment of the Faneuil Hall meeting; stayed about twe 
minutes, then went home ; did not see Jones that night; was about here half‘an 
hour on Saturday ; was not here on Sunday. ae 

William C. Culver sworn. Ama blacksmith; was employed by the Mattapan 
Company in March ; recollect Mr. Jones and his men being there cleaning win- 
dows ; it was prior to the time we changed our hours of work, which was the 
first of April. 

John Favor. — Reside in Boston ; am a carpenter; reside in Lincoln street ; 
saw Jones in my shop in March; he had a colored man with him ; he came to 
get employment for the colored man with him; didn’t see the man who was 
with Jones again until yesterday ; I thought I could recognize him if I saw him ; 
when I came into court I recognized him as the man who came with Jones to 
my place, about the first of March; I have no doubt of it; it'was between the 


8 


first and fifth of March, I should think ; have nothing by which I can fix the 
ate d fi itely. ‘ ; 
Cross Resaiend When he came with Jones to my shop I conversed with 
eae F aiek He) ; , « % ‘ ; ; 
Gilman swom. — Liye in Boston; in March worked for the Mattapa 
ny; remember Jones’s working there, and having a colored man wi 
n a sear upon his face; I saw him after the work was finished in the 
ing room ; the next time I saw him was ™ the court this morning ; Mr. 
es asked me yesterday if I didn’t recollect the man who was in his epipley 
ing; have since been summoned; Burns was not pointed out to me; I 
mized him ; he is the person who was at work for the Mattapan Company 


r in March; remember Jones and a colored man working here ; fix the 
time by commencing a job at the time Jones was at work there, and also by the 
- change of hours for commencing and ending work. _ ; 
~_. Cross-Examined. — Took the job the’ first part of March, and it was then that 
Jones was there ; it was before the 10th of March; have memoranda which en- 
ables me to fix the time; I will swear that it was before the 6th of March that 
I commenced the job; commenced it before the 5th; I can swear it was before 
_ the 3d of Magch tha 
whether I asked him to go in with me; was never in there before ; looked at my 
nemorandum on Sunday; I commenced ‘the job just before Mr. Jones. was 
: rc job is not done yet. 
_ Horace W. Brown, (police officer). — Reside in South Boston ; (Burns stood 
); Ihave seen that man before ; he was cleaning windows at the Mattapan 
Ww. rks, South Boston ; I was at work there as carpenter ; I: left work there the 
20th of March ; saw Jones eee at work there some week or ten days be- 
~ fore 1 left; I have not the slightest doubt about the man. ; 
 Cross- ined. — My attention was first called to this matter this afternoon ; 
never spoke to any one about it until I saw the prisoner this afternoon; I came 
here of my own accord; don’t know who I first spoke to about it; told Dr. York 
that I had seen that man ; have never seen him since he was at South Boston, 
-until I saw him here 3 I heard a rumor that the man in court was the man who 
cleaned windows with Jones, and 1 came in to see if I should know him; 
‘worked for the Mattapan Company from April to the 20th of Mara; have seen 


‘no paper in which Jones’s testimony given this forenoon was published ; I left 


on the 20th of March; Burns was at work there about ten days before I left ; 
‘Burns was at work on the windows; I called on Burns to clean a window where 


__ Twas at work’; I was paid $29 50 on the 3d of April’; it was ten or twelve days 


to some of the men in the police office. - 
d the case for the defence. ‘ Es 


_ REBUTTING EVIDENCE. 
» ores LUE Y A ean ie : re : 
-- Several witnesses to rebut the testimony for the defence were then called. 


Mr. Cyrus Gould sworn. — Did not hear Jones’s testimony this morning ;, was" 


\ 


‘ 


7 sworn. — Am a Gialisiat ; was employed: by the Mattapan — 


t I commenced the job; I went to Mr. Ellis’s office this , 
ing, by request of Mr. Drew; I went in with Mr. Whittemore ; can’t say* 


»y the scar on his face ; thought I should know him by this mark ; 


a ae 


about the City Hall the 18th of March; have chargé of the building’; was about 
it all the month of March; Jones worked there on the 10th two or three hours ; 
he worked for me on the 16th and 17th of March; he was cleaning up; I did 
not see Burns with Jones there at any times; there: was. no’ man working with 
him; two women were working with him; I employed Jones on this occasion ; 
at the time I employed him he had these women with him. 

— Carlton. — Know Jones ; have had conversation within a few days with 
Jones on the subject of which he testified to day ; he came into the Marshal’s 
office when I was there, yinaaiey was made as to conversation with Jones 
there, but Mr. Dana objected on the ground that Jones’s testimony to the same 
conversation was ruled out this morning by objection of the claimant’s counsel. 
Thé Commissioner ruled that no conversation to which the claimants objecte: 
this morning could be admitted. | 

The Court then adjourned to 9 o’clock this (Wednesday) morning. 

! 


‘ “. 
° 


a 
~ 


‘ eas Wednesday Morning, May 31st. 
i ' 

The hearing in the case of Burns was resumed this morning. There was even 
less excitement in and about the court house than there was yesterday. The 
raed unusual appearance was the large military and civic guard which was on 

uty. ; 

= eas the spectators in court was Hon. Joshua R. Giddings, member of Con- 
gress from Ohio. 

The Commissioner came in at 9 o’clock, and more rebutting evidence was in- 
troduced. The first called was | : 

Erastus B. Gould — Reside in Boston; have had care of the city building 
for two years; know Jones; I employed him to work for me on that building 
on the 26th of March; employed Ge at no other ‘time in March; he had two 
‘women working with him; but no man; never saw Burns about the building; 
I am there only mornings and nigltts. 

eae Ny brother goes to the city building at morning and at 
night. 

William R. Batchelder —Conyersed with Mr. Jones Monday or Tuesday of 
this week; it was at the outside door of the court house, Sor six and 
seven o’clock, Monday night ; [defence objected to what it was he said, and the 
court sustained the objection? on the ground that Jones was not inquired of as* 
to the conversation. ] 

It was decided to recall Mr. Jones, and Mr. Batchelder’s further examination 
was deferred until after Jones’s reéxamination. 

Benj. True— Have conversed with the defendant (Burns) within a day or 
two. [Counsel objected to the evidence. The counsel for the claimant pro- 
posed to show by this witness, by Burns’ admission, that he came to Boston on 
the 19th of March. Mr. Dana objected that the admissions of the man under 
arrest should not be received at all. Again he objected because it was not re- 
butting testimony. The evidence introduced that Burns was here on the first 
of March was simply contradictory to the testimony for the claimant that Burns 
was in Virginia on the 20th of March, and they are now simply reinforcing 
their former testimony. Mr. Thomas (for the claimant) argued that the evi- 
dence alluded to by Mr. Brent was simply to prove the identity of Burns, and 
not to establish the fact of his being in Virginia on the 20th. The defence 

Ec oiiad to prove an alibi, and we introduce this evidence to control their evi- 
ence sustaining the alibi.] 

Mr. Dana renewed the objection, that it was simply contradictory evidences 

The Commissioner ruled that the testimony was admissible, but gave the 
counsel notice that if he changed his mind subsequently, before the arguments, 
he would inform them. , 


/ 


7 


iy < . 62 


Witness resumed — This conversation was every day since he has been here ; 
last Friday or Saturday had conversation with him about how long he had been 
here; it was up stairs in the place where he is kept; it was in the morning I 
think ; I was there as Deputy Marshal in charge of Burns. 

Mr. Ellis objected to the evidence on account of the relation which the wit- 
ness bore to Burns; that confessions made to him were made under intimida- 
tion, and therefore should not be received. The evidence was admitted. s 

Witness resumed — Am a constable of Boston ; first saw the prisoner on the 
night of his arrest; I was asked to go into the Marshal’s office; Mr. Freeman 
said he wanted to use me; he told me to go up stairs to a room where there 
was a prisoner; I didn’t know what the prisoner was there for until I got up 
stairs ; found five or six men there ; two. of them are sitting beside him now; 
one is Mr. Pray; Mr. Butman'was one ; another waS Moses G. Clark; Mr. Cool- 
idge was there, and Mr. Page; my instructions \were to stay there and see that 
no one cate except by the direction of the Marshal; stayed there Wednesday 
night and have been there since; I was armed with a sword and pistol Friday 
night; these arms are kept in the rooms; there are six of us in the room; the 
Marshal and others came into the room Wednesday night; there was a good 
deal of talk between the officers and Burns; don’t recollect any one saying he 
must go back; he first appeared terrified; been talking about Massachusetts, 
Virginia, and ether matters; I never threatened him or held out any promises 
to him; we endeavored to treat him well; gave him newspapers, oranges, oys- 
ter stews and candy when he wished them} he can read and write. te 

Mr. Ellis objected, in view of this evidence, that the admissions of Bums 
should not be received, because it was established by it that they were not vol- 

untary, but were given under circumstances which amounted to intimidation ; 
and the whole circumstances since had been such as to increase his intimida- 
tion. Mr. Thomas argued that the ground of intimidation had not been made 
out, and the commissioner ruled that the evidence was admissible. = 
itness resumed—The conversation was on Friday and Saturday ; on Friday 
- conversed with Burns about the length of time he had been here; he said he 
had been here about two months, perhaps a little short of that ; said nothing else 
about the time he had been here; he said he had been in Richmond, Virginia, 
before that time. : 
With the close of the examination of this witness, the counsel for the claim- 
ants rested their case. 


MR. DANA’S ARGUMENT. 


I congratulate you, Sir, that your labors, so anxious and painful, are drawing to 
aclose. I congratulate the commonwealth of Massachusetts, that at length, in due 
time, by leave of the Marshal of the United States and the District Attorney of 
the United States, first had and obtained therefor, her courts may be reopened, and 
her Judges, suitors and witnesses may pass and repass without being obliged to 
satisfy hirelings of the United States Marshal and bayoneted foreigners, clothed in 
the uniform of our army and navy, that they have a right to be there. I congratu- 


late the city of Boston, that her peace here is no longer to be indanger. YetI | 


cannot but admit that while her peace here is in some danger, the peace of all other 
parts of the city has never been so safe as while the Marshal has had his posse of 


specials in this Court House. Why, Sir, people have not felt it necessary to lock- 


eir doors at night, the brothels are tenanted only by women; fighting dogs and 
racing horses have been unemployed, and Ann street and‘its alleys and cellars show 


signs of a coming millennium. “ ; 
congratulate, too, the Government of the United States, that its legal represen- 
tative can return to his appropriate duties, and that his sedulous presence will no 


. 
~ 


63 2 


longer be needed here ina private civil suit, for the pur f intimidati 
purpose which his effort the day before yesterday peah ists ban: papi 
which, although it did not influence this Court in the least, T deeply regret your 
Honor did not ys down at once, and bring to bear upon him the judicial power of 
this tribunal. congratulate the Marshal of the United States that the ordinary 
respectability of his character is no longer to be in danger from the character of 
the associates he is obliged to call jabout him. I congratulate the officers of the 
army and navy that they can be relieved from this service, which as gentlemen and 
soldiers surely they despise, and can draw off their non-commissioned, officers and 
rivates, both drunk and sober, from this fortified slave-pen, to the custody of the 
orts and fleets of otir country, which have been left in peril, that this great Repub- 
lic might add to its glories the trophies of one more captured slave. ey 
I offer these congratulations in the belief that the decision of your Honor will 
restore to freedom this man, the prisoner at the bar, whom fraud and violence found 
a-week ago a free man on, the soil of Massachusetts. . But rather than that your 
decision should consign him to perpetual bondage, I would say —let this session 
never break up! Let us sit here to the end of that man’s life, or to the end of ours. 
= fora es veut pene sey fea through this trial, the presumption which 
yo zed in the outset, that this man i il he i 
"si Mt rare a better Hear oy is Be pee ee 
ir Matthew Hale said it was better that nine guilty men should escape 
one innocent man should suffer. This maxim bie baa approved by. ayaei pu 
statesmen from that day to this. It was applied to a case of murder, where one 
man’s life was on one side and the interest of an entire community on the other. 
How much more should it be applie to a case like this, where on the one side is 
something dearer than life, and on the other no public interest whatever, but only 
the value of a few hundred pieces, of silver, which the claimant himself . when 
offered to him, refused to receive. It is not by rhetoric, but in human nature, b 


‘the judgment of mankind, that liberty is dearer than life. Men of honor set their’ 


lives at a pin’s fee on a point of. etiquette. Men peril it for pleasure, for 
gain, for curiosity, and throw it away to escape phils dacure, or Fil "een 
ave sought for death, and digged for it as for hid treasure. But when do men seek | 
for slavery, for captivity ? I have never been one of those who think human life 
the highest thing. I believe there are things more sacred than life. Therefore I- 
believe men may sacrifice their own lives, and the community, sometimes the single 
man, may take the lives of others. Such is the estimation in which it is held by ‘ 
all mankind. No! there are some in my sight now who care nothing for freedom, ' 
whose sympathies all go for despotism; but thank God they are few and growing 
less. Such is the estimate of life compared with freedom, which the cammon opin- 
ion of mankind and the common experience of mankind has placed upon it. Here 
18 a question of a few despised pieces of silver on the one hand, and on the other 
perpetual ‘bondage of a man, from early manhood to an early or late grave, and the 
woiage of the fruit of his body forever. We have a right, then, to expect from 
your Honor a strict adherence to the rule that this man is free until he is proved a 
slave beyond every reasonable doubt, every intelligent abiding misgiving proved 
by evidence of the strictest chtracter, after a rigid compliance with every form of 
law which statute, usage, precedent has thrown about the accused as a protection, 
We have before us a free man. Col. Suttle says there-was a man in Virginia * 
named Anthony Burns ; that that man is a slave by the law of Virginia; that he is 
his slave, owing service and labor to him; that he escaped from Virginia ifto this 
State, and that the prisoner at the bar is that Anthony Burns. He ‘says all this 
Let him prove it all! Let him fail in one point, let him fall short the width of a 
spider’s thread, in the proof of all his horrid category, and the man goes free. 
Granted that all he says about his slave in Virginia be true — is this the man? 
On the point of personal identity, the most frequent, the most extraordinary, the 
most notorious, and sometimes the most fatal mistakes have been made, 1n all ‘ 
One ofthe earliest and most pathetic narratives of Holy Writ is that of the patri- 


xiot ying again and again, “ Art thou my very son Esau?” 
or, reversin: © birthright with consequences to be felt to the 
i tuo, Bir = : knowledge — that a 
know, Sir —they are matters of common kn ge 

to her bosom a stranger for an only son, a few years absent at 
jes and whole villages have been deceived and perplexed in the 
have known froma child. You have found it difficult 
own'c tes, at the age of three or four and twenty, who 
aph » year. Brothers have mistaken brothers. We have 
s. Let us have no tas sei of Errors, he e! The first case 
t iladelphia, ites a _sopeag aaa 
ission rfectly satisfied, and sent him to Maryland. 
Dak eon te bata: of the Marshal, who had: his 


ik e . b] 
the nambers who have béen hurried off, by some accidental resemblance 
ton pirat and fallen as drops, undistinguishable, into the black , 


an, It all hangs by one thread. That manis Mr. Brent. Of him, nei- 
rl, Sir, know an 


H 

e next hired’him himself, in 1846, and ’7. This was seven years ago. 
roc taal 24 years of age. He was then 16 or 17 years old; he 

ea dn n ayy See r } . 3 

ae te has leased him, as agent for Col. Suttle, but does not seem to 
wht in close contact with him, or to have done more than occasion- 
m jn the streets. The record they bring here describes only a dark 
man. The prisoner at the bar is a full blooded negro. Dark com- 


heeks. The prisoner has, on his right cheek, a brand or burn 


prisoner’s right hand is broken, and a bone Stands out from 
1p an inch high, and it hangs almost useless from the wrists 
or “covering half its surface. Now, Sir, this broken hand, 
the midst, is the most noticeable thing possible in the iden- 
hand is the chief property his master has in hit. It 
vation and recollection. If that hand has lost’ its cun- 
hears it so soon and remembers, it so well as the master. 
Sir, that neither the record nor Mr. Brent say any thing 
ig in the man. Nowhere in Mr. Brent’s testimony 
speaks of acut. The truth is, please your Honor, 
here. If Mr. Brent does know intimately Anthony 


~ 


- 


described him as fully as he can, the prisoner is © 


here, and more common in Virginia, The record does’ : 
of the great primal divisions of the human race the fugitive be- - 
well have omitted thesex of the fugitive. It says he his a. 


the Palm of a man’s hand, It says he has a scar on his rights 


M 65° 


4 / : 


i ° 
not the man. Anthony Burns was missing, and Mr. Brent hurried down to Al- 
exandria to tell Col. Suttle. The record is made up, which is" probably still only 
Mr. Brent on paper. Mr. Brent comes here with Col. Suttle, as his friend. Em- 
issaries arg sent out with the description in their hand, and they find a negro, with 
a huge brand on his cheek and a broken and_cut hand, and that is near enough for 
catchers, paid by the job, to a “dark complexioned man,” with “a scar on the 
cheek at oe the right hand.” Mr. Brent knows, and does not swear otherwise, 
that the Anthony Burns he means had only’a scar or cut, and. he distinctly said 
“no other mark.” But still he swears to the man. Identification is matter of 
opinion. Opinion is influenced by the temper, and motive, and frame of mind. 
Remember, Sir, the state of political excitement at this moment. Remember the 
state of feeling between North and South; the contest between the slave power 
and the free power. Remember that this case is made a State issue by Virginia, a 
national question by the Executive. Reflect that every reading man in Virginia, 
with all the pride of the Old Dominion aroused in him, is turning his eyes to the 
result of this‘issue. No man could be more liable to bias than a Virginian, testi- 


~’ fying in Massachusetts, at this moment, on such an issue, with every powerful and 


controlling motive on earth enlisted for success. 

Take the other supposition, which may be the true one, that Mr. Brent does not 
know Anthony Burns particularly well. 
Suttle that he has escaped. The record is made up there, as best they can. Mr. 
Brent did not go there as a witness to identify, and does the best he can. He does 
not recollect whether he is a negro or: mulatto, or of what shade,so he calls him 
“dark complexioned,” and he can speak only of a scar, he does not know on which 
cheek, and of a scar on the hand. Beyond this, he is uncertain. If this is 80, 
your Honor can have no satisffing description of Anthony Burns, the slave of Col. 
Suttle, if such a person there be. 

+ Bat there is, fortunately, one fact, of which Mr. Brent issure. He knows that he 
saw this Anthony Burns in Richmond, Virginia, on the 20th day of March last, 
and that he disappeared from there on the Zith. To this fact, he testifies unequivo- 
cally. After all the evidence is put in.on our side to show that th prisoner was 
in Boston on the Ist and 5th of March, he does riot go back to the stind to correct 
an error, or to say that he may have been mistaken, or that he meant only to say 
that it was about the 20th and 24th. He persists in his positive testimony, and I 
have no doubt he is right and honest in doing so. He did see Anthony Burns. in 


' Richmond, Va.,,on the 20th day of March, and ‘Anthony Burns was first missing 


from there on the 24th. But the prisoner was in Boston, earning an honest liveli- 
hood by the work of his hands, through the entire month of March, from the Ist, 
Bega ide Of this your Honor cannot, on the proofs, entertain a reasonable 
oubt. 
William Jones, a colored man well known in this city, who works for the city, 


He goes down to Alexandria to tell Col. . 


and for the Mattapan Company, and for others, and entirely unimpeached, testifies | 


\ that on the first day of March he met the prisoner in Washington Street. He knows 


the man. He tellg you of all the places he went to with him to find work for him 
todo. He received him into his house as 4 boarder on that day. On the 5th day 
of March they began working together at the Mattapan Works, in South Boston, 
cleaning windows and whitewashing, and worked for five or six days. Then, on 
the 18th they worked at the City Building. Then Burns left him for another em- 
ploy. Jones cannot be mistaken as to the identity. The only question would be 
as to the truth of his story. It is a truth or it is a pure and sheer fabrication, I 
saw at once, and as every one must have felt, that the story so full of details, with 
such minuteness of dates and names and places, must either stand impregnable or 
be shattered to pieces. The fullest test had been tried. The other side has had a 
day in which to follow up the points of Jones’s diary, and discover his errors and 
falsehoods, : But he is corroborated in every point. 5 

Mr. Drew, the clerk of the Mattapan Works, says that Jones and the prisoner 
cledned the windows and did the whitewashing of that establishment from the 5th 


\ 


66 


to’ the 10th of March. He has an entry of the first day’s payment in his card book 
on the 5th. Various other payments were made at intervals, until the 28th, when 
a final settlement was had. This settlement included Jones’s work in painting 
which went on after the window cleaning was done. 
tled with Jones, the prisoner came to " \ 
his work, and he told him. He says he heard that he was wanted as a witness, 
and thought it a joke, and came down here and was told that the man claimed as a 
slave had worked for him. He came into the room and recognized him at once, and 
the prisoner recognized the witness. His.testtmony corroborates Jones in another 
particular. Jones says he remembers the’ dates from the fact of a dispute between him 


and the prisoner, 
coming to his h 
pocket book was produced by Jones, and Mr. 


sworn by us and has been here. f : 
Mr. Whittemore is a member of the City Council, and was one of the Directors 


of the Mattapan Co. He made a journey to the West, from which he returned on 
the 8th day of March. On that day or the next, he went to the works, where his 
counting room is. The prisoner and Jones were cleaning the windows of the 
counting room. He noticed the peculiar condition df his hand, and the mark on 
his cheek. He is sure’of the man and of the date. He heard at the armory of the 
Pulaski Guards, of which he is lieutenant, of Jones’s testimony, and. said to him- 
self and others, “I shall know that man,” and came here tosee. As soon aS he 
saw him, he knew him. _ te < 

Now, Sir, Mr. Whittemore, in answer to 4 question from me, whether he was, 
under the odium of being either a Free Soiler or an Abolitionist, said that he was 
a Hunker Whig. The counsel thought this an irrelevant ‘question. I told him I 
thought it vital. Not that the political relations of Mr. Whittemore could affect 
your Honor’s mind, but that jt shows he has no bias on our side. Moreover, Iam 
anxious not only that your Honor should believe our evidenee, but that the public 
should justify you in so doing. And there is no fear but that the press and the 
public mind will be perfectly at ease if it knows that your Honor’s judgment is 
founded even in part, in a fugitive slave case, in favor of. the fugitive, on the testi- 
mony of a man who has such a status ilese eristimationis, as 2 Hunker Whig, 
who is eke a train-band captain in a corps under arms! Pig 

Jones says that they went to work every day at 7 o'clock. Mr. Culver, the fore- 


ouse in his pocket book, as Janes himself does not write. This 
Russell, who made the entries, was 


man, and Mr. Putnam, a machinist, and Mr. Gilman, the teamster, of the works, - 


say that the hour of work was changed to 6 1-2 A.M., on the first of April. They 
also are quite sure, from the course of the work and their general recollection, that 
it was done early in March. Mr. Gilman has an additional recollection that it was 
afew days after pay day, which was March Ist. Mr. Putnam has a memorandum 
which shows that he began his own work there on the 3d or 4th day of March, and 
he says Jones began cleaning the windows a few days after. 


Then Mr. Brown, one of the city Police, now on duty, testifies that on enter- - 


ing the Court Room, he recognized the prisoner at once. | He has no doubt of 
him: ~ He first saw him at the Mattapan’Works cleaning windows with Jones. He 
himself left off his work there on the 20th of March, as his memorandum and re- 
collection show. About ten days before he left off he changed his work to a new 
building in which there Were no windows. The windows were cleaned in the old 
building and of. course before the 10th of March. His attention was called to the 
man at the time. He spoke to him, and asked him to wash a certain window. 
This is the testimony as to the Mattapan Works. Is it not conclusive? It is 
clear that the work was done there by Jones and a colored man from the 5th_to 
the 10th of March. Jones.worked there at no other time. This man was the pris- 
oner. Ona question of identity, numbers are every thing. One man may mistake, 
by accident, by design or bias. His sight may be poor, his observation imperfect, 
his opportunities slight, his recollection of faces not vivid. Butif six or eight men 
agree on identity, the evidence has more than six or eight times the-force of one 


which led him to ask Mr, Russell to enter the dates of the prisoner’s 


, “ral observation, and it is as natural he should remember‘it 


{ 


_ Very and escape, and that the only 


| ticated is to 


67 
man’s opinion. Each man has his own mode and : 
’s opi y means and habi i 

aie One observes one thing, and another another ee agen ths 

ombination and association, and another that. One sees him in one li ht or ke 
— or Pcie: or action, and another in another. One remembers rales sabres: 
oye: a Fan 2 ai gait, ania the peep Now if a considerable number of. these 

dent | rvers Combine upon the same man, t i 

sened to an indefinite degree. What other man sai Pat as — Sane 
, 


presented in so various ways. Qn the point of the time and place, too, each of 
? 
These are not Jinks in one chain, 


ose witnesses is an independent’ observer. 
each depending on another. 
on one _ iz er. They are separate rays, 
. Here we have the testimony of Mr. Favor, wh . 
: om Ik i 
pire ai pags i remembers Jones bringing the ein te age Li : 
er i o find work, very early in\March ; and Stephen Maddox. a tail pe 
eTeg A ie hi dead c bee ser to find work. He remeinbers "teltan 
I 2 : cork for him for two months, as hi , 
ing, &c., did not begin so as to require help before the first of May. hie aie ae 
be Su “cag He was obliged to put him off, and, to show ee ee bs 
Lary et bee bia 3 es Peg He was obliged to sentence him A deta 
br kindly mn hes ds waleies zie Smee it. It would be remembered 
e attempt at contradiction as to the City Buildings fai 
Jones’s account that he worked there . the 18th fay fr ™M 
recollect the prisoner being with him; but he admits that he 


a day, and Jones said th i 
hae Gan soe at the prisoner was there only an hou 


from separate sources, settling 


arch. He does not 
was there only twice 
r or so, to help him a 


Mr. Brent puts his case resolutely and unequivocally on the ground ‘that the man__ 


he means was in Richmond up to th 
“ah p e 20th. We have proved that t i 
ae cat an O08 and 10th and 18th. This is score tees vith eae 
paige ode “7 oes not pretend a mistake or dgubt. They cannot prete d 
“a Na . » because he has been in court all the while, and is not ri fied 
ad the bnrden of proof, should we not have met it? How pisirs more 


then are we entitled to i 
: ntl prevail, where ; 
showing that it is left in reason bres steal ate only to shake the claimant's case by | 


Whatever confidence I may have in this position, 


my client by any overweening confid i j 
ence in 
all your Honor’s attention ta'the other noite at yo ee i cielo 4) 


Assuming now, for the purpose of further inquiry, that all our testimony is thrown — 


out, and let the case rest on their evide i 
| 1 ence alune. It is i 
y ra A hegoont owes service and labor to Col. Bute by Ihe han eee rss 
: at he escaped from that State into Massachusetts : Met esis 
oes he owe service and labor to Col. Suttle ? : 


The claimant, perhaps, will say that the record is conclusive on the facts of sla 


adopts the proper mode of i i 
= proceeding to make it so. Section iti 
és a shai a certain mode of proceeding, anomalous tn foes 
Hed of ity common right and common reason, a proceedin that hi 
Pag i Sg “ ar as I can learn, in the legislation of any Christian gas th =k 
boy a c v. construed, and not to be availed of unless strictly foll oa tt 

at the questions of slavery and escape shall be tried, i ; nate Pa 

, in, _ 


| State from which the man escaped, and not in the State where he is found. The 


hearing and judgment are to be there and not here. This judgment being authen 


ticate € produced here, and the Commissioner h jurisdicti 
pg aga Mow person arrested is the pohigs ee Prag as spy ie 
go into the matters there decided, but only see if the jordin cart 


Section 6 of the Statute provides an entirely different proceeding. It authorizes 
se 


9 


e 


Mr. Gould confirms 


point open is that of identity. That is so if he - 


I must not peril the cause ee 


, 


Rlae 7A t xf . a 
res i : 1 and escape, as well as identity, an 
Me a Lb aes hay ‘ken bere, oF. certified se Ae Brae foe 
Stes ae this transcrip’ , 
; hana Lae te under? Doubtless under that pro- 
he claimant introduces Mr. Brent, and by him o a 
avery, the title of Col. Suttle, and the escape, He 


en the other evidence was put in. It was, 


‘ 


ord woman was a slave 0 


certain 5 3 laves 
peat nd sisters are s ’ 
mother Gk Barus, apd thet, his apt a the same manner. 


‘and we- objected to it, and it was received de 


makes them different proceedings and not ‘i 


jut i ions, but each 
merely put into separate sections, a 


Fy dings. You cannot combine scire facias on a 
Be eiccack jenny the original debt by parol. for spar 
Le CON examine the party himself, and prove his interest by other ev 


‘combined w ican ban ded 
bined with parol proof, it can hardly be conten 

2 the eront the daawikot himself puts with it, When 

‘it means that the defendant is not admitted to con- 


by mant introduces proof which overthrows its 


| does no to be a “record of the matters proved.” It 
ah eli rs Ont e application of ‘Chas. F. Suttle, Md 
made satisfactory proof that, é&c., it is ordered that the mat- 
rth be entered on the records of this Court,” and there it 
ntered the facts on the record? If so, I should like to a 
ript of that record? All we have here is the pore 
iption reciting what is to be found within. We are 
aie 00k as I have already once observed, set forth 
‘with such convemint certainty as may be.” It oP 
negro, a mulatto, a white, or an Indian. The re, ‘ f 
“enough, if it fitted the prisoner at the bar, Tha 
identity. But let me remind you, Sir, here, that a 
that a scar is no adequate description of the state or 


its 


Col. Suttle, and that. 


a 


another State. Unless he has escaped into another State, the casus JSederis does 
not arise. And how is your’ honor to know that he did escape into another State. 

~The only evidence you can legally receive is on the point of identity.’ If you 
proceed strictly by the record, you are without evidence of one great fact necessary 
to call into action the constitutional powers. ‘ ; 

We have great confidence, please your Honor, that the record will be excluded 
on one or more of thesé points;or that, if admitted, we may control it by the 
claimant’s own testimony. 

Does he then, by the claimant’s own evidence, owe to Col. Suttle service and labor?’ 

Their evidence shows conclusively that le does not. Mr. Brent tells us that 
Col. Suttle made a lease of him to a Mr. Millspaugh of Richmond, in January last, 
and that he was in the service of Mr. Millspaugh when he disappeared. It is the 


ordinary case of a lease of a chattel. The lessee has the temporary property and * 


control. The reversioner ‘has no right to interfere with the possession or direction 

of the chattel during the lease. This proceeding has always been defended, by 

those who hold it to be constitutional, on the ground that it merely secures and 
affects the temporary control of the slave, and does not affect the general property. 

It is not a judgment in rem. There is no decree affecting title. If this is so, 

there can be no pretence of a right on the part of the reversioner to the certificate 

prayed for here. A little consideration makes this clear. The claimant says he 
has escaped without leave, and asks for power to reducé him into possession and 
under control again — into his own possession and under his own control. Now, 

Mr. Millspaugh has the sole right of possession and control. Mr. Millspaugh may 

allow him to come to Massachusetts and stay here until the end of the lease, if he 

chooses. Col. Suttle yas nothing to say about it. If Mr. Millspaugh does not 
return him to Col. Suttle at the end of his lease, he is liable to Col. Suttle on his 
bond, which Mr. Brent tells us is given in these cases. Suppose your Honor 
should grant the certificate, and Col. Suttle should take the man to Mr. Millspaugh, 

Mr. Millspaugh would say to him, “ Why are yeu carrying my man about the 

country ? I have not asked or desired. you to do any such thing 2” 

' @ “ But,” says Col. Suttle, “I have a’certificate from a Commissioner in Boston 
certifying that he is now owing me service and labor, and authorizing me to 
take and carry him off.” 

“Then the Commissioner did not know that I had a lease of him.” 
“Yes he did. Mr. Brent let that ont. It came very near upsetting our case. 

But we got our certificate, somehow or other, notwithstanding.” ; 
But no such answer will be given to any certificate to be issued by your Hon- 
or. On the contrary, when Col. Suttle goes back to Virginia and tells Mr. Mill- 
spaugh that he was refused the certificate, Mr. Millspaugh will say to him, “ To 


. 


, be sure you were. Did you not know law enougli to know, you ‘and Brent to- 


gether, that you had no right to the possession and contro] of the man I have 
hired on a lease. Did you suppose the Boston commissioners would have so 
‘little regard for this species of property in Virginia as to give it away tothe first 
comer???) — 

_ Beside this lease, leaving only a reversion in Col. Suttle, the reversion itself 
‘s mortgaged. Mr. Brent told’ us, im his sim licity, thinking he was all 
the time proving prodigious acts: of ownership, that Col.” Suttle mort- 
gaged Burns, with other property, to one Towlson. This mortgage has never 
been paid or discharged, so far as we’know. The evidence leaves it standing. 
Even if the reversioner could otherwise Have this certificate, he cannot here; for 
there is a mortgage. A mortgage-of a chattel passes the legal property, so that, 
the ‘mortgagor cannot maintain trover for its conversion. (Holmes v. Bell, 3 


\ Cush.) . 


There is greater need for adhering to this rule as to the right of present pos- 
session and control in this proceeding than in ordinaty actions, for an escape is 
an essential element in the claimant’s case. To constitute an escape, the fugi- 
five must have gone away against the will of the person having a right to say 


‘ 


/ 


70 | 
a 


my ba he 7 claimed as a slave, and his condition burst upon him in a flood 
sti 2 Me ant night. You saw him, Sir, the next day, and you remem- 
pg ae A =~ t li. You remember his stupefied and terrified condi- 
ee ene er ‘ “ hesitation, his timid glance about the room even 
aie on © mild face of justice. How little your kind words reassured 
. Sur, the day after the arrest you felt obliged to put off his cates days, 

0. 


whether he shall go or come. This person is the lessee. As Col. Suttle could 
not authorize Burns to leave Virginia, so neither could he forbid his leaving it. 
He has simply nothing to say about it. He cannot authorize him to stay in 
Massachusetts, nor can he compel himto goaway. He may say that if he can- 
not, his reversion is good for nothing. That is the case with all leases of chat- 
tels. He should think of that when he parts with his property. He does pro- 
vide for it. Hetakes a bond. If the man is not returned*to him at the end of 
his lease, let him look to his bond! Tet him not come here, to Massachusetts, 
disturb the peace of the nation, exasperate the feelings of our people to the 
point of insurrection by this revolting spectacle, summon in the army and navy 
to keep down by bayonets the great instincts of a great people, haul to prison 
our young men of education and character, and persecute them even unto 
strange cities, and cause the blood of aman to be shed. Let him look to his 
bond! If he must peril life, disturb peace, ‘outrage feelings and exasperate 
temper from one end of the Union to the other, let him do it for, something that 
belongs to him, not for a mortgaged reversion ina man. Let him look to his 
Sond ! feet: ¢ 1 

Mr. Millspaugh, who alone has the right, if any one, to institute these pro- 
ceedings, has done nothing about them. They do not produce even his affida- 
vit. 2S 

In the next place, setting aside the difficulty about the lease, and the mort- 
gage, and the identity, has the man ever escaped? He is said to have escaped 
from the control and possession of Mr. Millspaugh. How do we know that? 
The only evidence is that of Mr. Brent, and what does Mr. Brent know about 
it? He only knows that he was it Richmond on the 20th, and was missing on 
the 24th. He does not even say that he has ever spoken to Mr. Millspaugh ‘ 
about it, or that Mr. Millspaugh was at home, or has complained about it. Mr. 
Millspaugh may have given him leave, or‘may not care whether he is away or 
not; There is no evidence of an escape. There is only evidence that he is 
missing. He was there. Now (for the argument, grant it) he is here. What 
of it? Did he come away of his own’will, and against the will of Mr Mill- 
spaugh? Unless both these concur, there is no escape. There is no evidence 
on either point, except the evidence of the prisoner, which they have put in. | 
Mr. Brent says that on the night of the arrest, Col. Suttle asked the prisoner 
how he came here. He replied that he was at work on board a vessel, became 
tired and fell asleep, and was brought off in the vessel. As they have put in 
this evidence, they are bound by it. This shows there was no escape, for it is 
the only evidence at all bearing upon the character of his act. Taking this to 
be true, as the claimants must, there is no escape. In Aves’s case, 18 Pick., 
193, and Sims’s case, 7 Cushing, 285, it has been decided that the escape is the 
casus federis under the Constitution. No matter how the slave got here, if he 
did not voluntarily escape, against his master’s will, unless both these elements 
concur, he cannot be taken back. Therefore the slave was held free, in a case 
where he and his master; were both sent here by a superior power, in a public 
vessel. \(Referred to in Sims’s case.) : 

If there was any doubt about this matter of escape, the point should be de-. 
termined against the claimant, because he has failed to produce proof within 
his power which would settle the matter. He has not produced the only man 
beside the fugitive who knows whether he did escape or not. If he could not 
produce him in person, if’ there be a Judge or a Justice of the peace in the Old 
Dominion, he could ,have brought his affidavit. He has had time to procure it 
since this trial began. He doés not ask for a delay that he may procure it. 

The only evidence, in this conflict, which can aid your Honor’s judgment, is 
the evidence of the admissidn of the prisoner, made to Col. Suttle, on the night 
of the arrest. He was arrested suddenly, on a false pretence, coming home at 
nightfall from his day’s work, and hurried into custody, among strange men, in 
a strange place, and suddenly, whether claimed rightfully or claimed wrongfully, 

‘ 


ee ee Tha hae to him at the moment the terrors of his situation 
of one man, and that man testifying under ines teahate ee eeollections 
prehended or misrepresented the pri i gna tospon We ere 
prisoner in one respect he may i 
one respect we know he has. - He testifi ps ile asked tiie 
paretned he ee testifies that when Col. Suttle asked him if 
t he understood him to say he did. Thj i 
~ hea sine cnet has denied it in every ae If he ran wien Be 
sr hp ea 8 npt send to Coffin Pitts’s shop, and tell the prisoner that Col 
ee hie, A bees House, and would give him an opportunity to return. 
searing er y Jurked about the thievish corners of the streets and_measured his 
morse: tox Scars to see if he answered to the record, and seized him by 
ee lence, Se men of them, and hurried him into bonds and imprison 
fears iol one snail hired men, armed, keep him in this room eke ; 
st st os Lie Sos ie uae Hee pen. One hundred and fitty bagtaiats 
2 hy een hundred of the militia k i ith 
that we see about us is necessa ‘ hele willis orn oe 
h : to keep a man who is willi | 
sit, what shall we see - wh ts a wlan whe ea Or 
gba en they shall get hold of a man who is not willing ra 
I regret, extremely i i sige 
; 6 y, that you did not, sir, adopt the rul i trial of ar 
you e th tri 
— a aa anc i spe of he ‘alleged slave, nists ike an 
: ustody, during the trial, should not be received. Thatral. 
oe aha pica ee: eee a reason, and humanity, and peoiedt mail 
ie ne a 1s case would show enough of intimidation to 
-, At least, they show enough t ive it of all weigh; a 
5 . es - 208 o de as 4 i - 
evry euseg bbe o ee ae the next morning. PWhat pe: it a i 
ee! } > of his keepers, True, says h it a i 
: f hi Ts, , Says he was that n 
y aarbe ebea satan him? Do you recollect the significant words of 
beter. — © no compromises with you! TI make you. no promise an : 
te mo baw ree is is peering to the course you take Re that you | : 
will get you back. ou put me ce 
sf = ae - few a ae . no stripes. If St ue it will bo ee eee a 
all more distinctly told it would be better for him i 
‘ a . m 
ery thing, yielded everything, assented to every thing? Thats 


che 1 ; that [ € orno weig i- 
mony so liable, at all times, to misconception, misrecollection, Spee ae 


it now, Si 
) Sir, as to the sheet-anchor of Phe peace of mind as well as of his safety 
the man, a iary ¥ is 
‘y L man, a pecuniary yalue, 
pu hea ar If against him, a free man is made a slave Goer : yet 
= AS ib on the law, the doubt of a reasoning and BABES se 
ue ve baple tb bu ys <! implore you, in view of the cruel character 
aw, © dreaciul consequences of istak i 
“ ] a mistak 
ta cit — that tormenting doubt on your mind. “It may fist ij Pye a8 : 
up as rae cietaen millions are upon you, Sir. You are to do a aa 
“its place in the history of America. in the history of the piegteas 
. =! i=) 


72 
ANSE: ie ‘a . May your judgment be for liberty and not for slavery, for_ 
i Sas het for ieee himnnss, ; for hope and not for despair ; and may be 


' g.of Him that is ready to perish may come upon you. 


Oe SL 


wae ne \ 


'S CLOSING ARGUMENT FOR THE 
CLAIMANT. 


-Esq., commenced his closing argument for the claimant. 
Ee cek cigier oonatanily in court since nine o'clock this morn- 
uld have preferred a night’s repose before proceeding; but, as the 
i counsel objected, he was ready and would now goon. 

ounsel for the defendant commenced his closing argument with soe 
lations to the court, the marshal, the city —to almost every body but 


and 


teers, but from a sense of duty, and from which they could all retire with a con- 


_ duction by the claimant of other and further evidence. if necessary in respect 
Cee ae 2! cere aes 


‘hin 


you as conclusive of the facts of escape and of service due. And upon the pro-~ 


APES: 


of the identity of the person escaping, he is to be delivered up to the claimant, 
with a certificate of his right to take him back ; or his claim may be heard upon 
other satisfactory proofs competent in law. Such are‘the requirements. How 
have we met them? We have put in-the transcript of a record. It'is duly 
authenticated, and is conclusive upon the court of the ‘two facts therein recited ; 
viz., that the claimant held one Anthony Burns to service or labor, and that he 
escaped. These two facts are not open here. Then the question remains, is 
the person at the bar, Anthony Burns, as he is called —+ nobody thinks of call- 
ing him any thing else —is he the Anthony Burns named in the record? If he 
is, there is an end of the case. The claim is made out, and the certificate must 
follow. This, with simple proof of identity, would have been all that, in an or- 
dinary case, counsel would have deemed it necessary to do. But, in an extra- 
ordinary case like this, it was deemed by us fit to go further. And, in addition 
to the record and proof of identity, we have put in the testimony of Brent, who 
had known Burns from a boy, had had him in his‘own employ, and had leased 
him to others, for several years, during all which time Col. Suttle claimed to 
own him;and treated him in all respects as his slave. We put in also Burns’ 
admissions that Col. Suttle was his master.. How does it stand as to the 
sperion of identity? There is, first, the description in the record —a man of 
ark complexion, six feet high, with a scar on his face and another scar on his 
right hand, and about twenty-three or four years of age.. The person at the bar 
is about six feet high, has a prominent scar on his/cheek and a scar on his 
righthand, and appears about the age mentioned: It would be difficult to find 
another persan among the whole colored population of Boston who so wéll answers 
the description as the person at the bar. The concurrence of all these marks in 
another would be extraordinary indeed. This is. worth considering. The 
learned counsel complains of the expression dark complexion as not sufficient- 
ly certain, and objects to the record on that ground. There can be no doubt 
that he is of dark complexion —the suggestion is that he is very dark. It is 
certainly no misdescription, and is sufficiently exact. Then they say there isa 
fracture of one of the bones of the hand instead of a scar. But it is, never- 
theless, a scar. But they say it cannot.be the Anthony Burns described in the 
record, because this man was here on the first of March ; whereas, Brent says 
Colonel Suttle’s Anthony Burns was in Richmond on the nineteenth or 
twentieth of March. It is, of course, clear that this man could not have been 


- both here and in Virginia from the first to the nineteenth of March. To show 


that he was here, they have put into the case the testimony of one Jones, a col- 
ored man, and rely on that. 

He undertakes to fix the time by a memorandum book, which he did not 
himself keep, which we have not examined, and whichyis not in the case. We 
believe that his story is manufactured for the case. He says he called on Col. 
Suttle, and learned from him that his man escaped on the 24th.. Then he saw 
Burns at the window on Sunday, found he was the man who worked with him 
at South Boston on the fourth of March, and made up his mind that it was his 
duty to come here and swear so. And he has come. He tells us on whom he 
called with Burns, on the day when he first saw him. They ask us why we 
didn’t call these men to contradict him. The answer is they have called most 
of them to support him; Maddocks was one of them, and his testimony is of , 
the same class as Jones, coined at the same mint, made up at the same factory. 
The only one not of his class, was Gould. We called him, and he directly 
contradicts Jones. Jones undoubtedly did work at the Mattapan Works, and 
there was, no doubt, another colored man there with him. But it was not Burns. 
No doubt Whittemore saw Jones there, and perhaps on the day he named, and 
no doubt saw the other colored man also. But he never saw Burns there. He 
is mistaken in the man. That is all. 

Drew, the clerk, whom they call to support Jones, and who they say does 
Support him, so far from that, weakens his statement. He thinks it the same 


\ 


74 


\ 


man. But he did not see the scar on his facé; and since he thinks him the, 
same man and didn’t see it, he thinks his face was turned the other way. Who 
‘believes he kept it so turned? A juster inference would be, that since he did 
not'see the scar it was not thesame man. Yet Drew would have been more | 
likely to notice the man that was. there than any of the rest of them. Neither 
Drew nor Whittemore nor Favor nor any one of all those called to support Jones, 
has seen Burns since, nor had they ever seen him before. , 

The truth is, Jones went to them and asked them if they did not remember 
the man he had with him cleaning the windows ; told them this was the man, 
impressed them with this fact. They came into court with this impression and 
made up their minds that he was. This is the only theory consistent with their 
honesty. Neither of them ever expected when they first saw him, to see him 
again; neither had any reason for taking notice of him. » Whittemore on his 
examination in chief, did not swear that he saw the scar; on his cross exami- 
nation he did. The reason is, that since he believed he saw the man, and saw 
now, that if he did see him he must have seen the scar, he thinks he saw the 
scar. The same may be said of all, with the exception of Maddocks. — His is 
new coin. He says he recollects it, because he recollects what he said at the 
time. But it is incredible that he should have said what he now swears he 
did, and unlikely that he would have remembered it if he had. 

Besides, Jones first saw this man on Washington street on the first day of 
March. He was a stranger. He stepped up to Jones and asked him if he could 
give him work. If he had been here. before that, why ask a stranger such @ 
question? He can’t tell how he was dressed. They went to see Maddocks. 
That night Burns went home with Jones. Why, but because he was a stranger 
just arrived from Virginia? He staid with him the next day, and from that tilt 
the 18th. No doubt he did board with Jones as Jones states, but he has design- 
edly fixed the date earlier than it was. 

he learned counsel said we might press the fact that they gave no account 
of Burns before the first of March. He was right. Where id he come from? 
Where was he in February or January, or last year? Where was he born ?, 
Where has he been living?’ They say he may have come from New . York or 
Cincinnati or Canada. True! But where did he come from? If he came 
from either of these, why name three; why not stick to one? ~He may have 
come from-all, perhaps; but he did come from Richmond. So he says; so We 
say. But they say he may have sisters, fugitives, and brothers, too, and he had 
rather suffer than betray them. True. But if he had sisters in Canada, what 
harm could come to them by coming here and testifying that this man was 
born there? There has been time enough given to telegraph to either or all of 
these places; and the counsel have been grossly negligent in not doing it, 
if by so doing they might- have delivered this man out of the peril in which 
they say he stands. The truth is, the sisters are all in Virginia. 

They say these witnesses show that Brent is wrong in testifying that he saw 
Burns in Virginia on the 19th. Suppose this to be so; what then? The date 
is not material. A crime of a high nature, evem may be charged to have been 
done on the 24th of March, and proved to have been done on the 24th of Feb- 
ruary. But this is not a criminal charge, but a civil proceeding. There need 
be no formal complaint in the case. The complaint is merely the foundation 
for the warrant. The person escaping may be arrested without a warrant.. 
Brent may possibly be mistaken in the date, but as to the identity of the per- 
son, he cannot be. Dates are easily mistaken unless marked by some partic- 
ular fact. Brent says he last saw him on Sunday, the 19th. It may have been 
a Sunilay or two previously, though I think he is tight. They ask us why we 
did not recall him. We answer, we had no need to. He is as confident now 
as ever, and does not wish to change his testimony. But suppose Brent to be 
mistaken in the date; the fact of owing service and of escape remain, and if 
the identity is proved, the claim is nevertheless made out. As to the identity, 


’ 


5 


the testimony of Brent, who had so long and well known him, is worth far 


_ rhore than all the bi don but casually, if really at all, saw him. Here then 


is the man Anthony Burns, answering to the description i 
whose counsel can’t\account for before Mach hore ‘the este Brent 
and then comes, besides, the defendant’s admissions — made not wien in : 
On of intimidation, but when calm, and which correspond to the bistathents 
O ; rent. Brent may possibly be mistaken—so may all the rest — but this 
Sage aprnstibtae cannot be. Heknows. Brent, they say, iscredible. He swears 
ohne sation up stairs, which shows that Burns knew him before then. 
The counsel read a portion of the first section of the 4 i 
tution of the United States, but he did not read the aor Hy gi pis 
edeue’ that Congress may prescribe the manner in which the judicial records 
. ; me tate my pe proved in another, and what effect they shall have. If 
me Dae’ oe oO : neat more may it prescribe what shall be evidence in 
mld iced ees = bk Sih shia Rares have there — which is all 
in this case. is case then is proved in thi 
fe bert the record, by the testimony of Brent, and by the sdmieions fie 
efen ant— either of which ways would alone be sufficient. We have been 
es why we didn’t take the affidavit of Millspaugh. 
" nina ot Millspaugh as to the identity?’ How was Millspaugh in 
Viegas e swear that this man here in Court was the man mentioned in the 
“i an ee nd if for any other purpose, the answer is, we had better evidence, 
nae y, the record —a judgment. They say this man owes service, not to Sut: 
e, but to Millspaugh. But if he is the man described, that is not open to in- 
guity and, besides, Brent testifies the mortgage has been cancelled. What, 
: ae —- said Mr. T., but that you should grant to Col. Suttle a cer- 
bt et i said that, under your certificate, the man will not be carried to 
- ca ; that he may be carried to Cuba or Brazil. They did not tell us how. 
ve carried to Cuba, it will‘not be by authority of your certificate. And it 
wau ¢ difficult to show how a slave could be shipped from Boston to Brazil 
: bia 8 cages The laws of the United States provide that a fugitive slave. 
” jee e shipped from one slave state to another by any vessel of more 
than forty tons burden without an entry being made at the custom house. It 
_ said your certificate sends him into eternal bondage. It is onl necessary 
i 5 reply, it sends him to Virginia where he came from. When he gets 
peste - - will have the same rights he had before he came here. If the laws 
ra ate an tsufficiently guard his rights, the fault is not yours nor mine. 
ee ra 0, however, provide that slaves may institute trials for freedom, 
“ late pays the expenses of such trials. Your certificate has no effect 
upon his rights there. The late Mr. Justice Story, in the third vol. of his Com- 
mentaries on the Constitution, says, the Constitution contemplates summary 
regains proceedings, and not the ordinary course of judicial investigation 
Cee whether the claim be established beyond all legal controversy. 
= — e adds, appears to have acted upon this opinion; and, accordingly, 
1€ statute on this subject, have authorized summary proceedings before a 
agitate upon which he may grant a warrant for a removal. As to-the consti- 
rete of this statute, said Mr. T., it differs from that of 93 only in respect 
of the record, which has already been considered. The law of 793 has been 
peapunred constitutional by the highest judicial tribunal of the country ; and 
ane of 1850 has been held to be so by the Supreme Court of this State, all 
e Judges concurring, and by every judge before whom a case under it has 
anaen sIhere I leave it. And if constitutional, and the claimant has a yalid . 
c “oe why shouldn’t he have the benefit of it? . What sort of a law is that 
" ally pear Ay press He in his niebt of property, but which, when prac- 
a state of facts contemplated by it, fi ing objecti 
to aclass of persous, fails to secure ich Hae a ih iro eee 


10 


’ 


? 76 
We E / 


Thomas desired —as he had some other poiits which he wished to - 


sht be allowed to finish his argument to-morrow. » The Commissioner, ° 


art comes in to-morrow, the case must go on. 

mains, then, said Mr. T., only that I recapitulate the points already stated, 
rduous, and, in some respects, unpleasant case, in your hands. 
Por iavin 


have provoked personal hostility. If I have, it was not so in- 
nection with the case has been strictly professional. 
sing counsel has not changed my purpose or my 


Rohe tenord: < 


n the majesty of the law, and confident that the determination 


INCIDENTS OF THE LAST DAY. 


o'clock this mornit a few persons had assembled in Court 
with the intention of remaining 
con ; 


ly as & 
the bell on the’ Court House has just tolled for the open- 7 
ioner’s Court, and both the excitement and the crowd in the 


e. Jarger portion of the crowd appears if they were present'from — 

Motive-than that of curiosity.. The notherly side of Court street is 

'with people, among whom are many females of every shade of com- 
ntly anxiously waiting to hear the announcement of the Com- 


D PIECE IN COURT SQUARE. 


ven o’clock this morning, a detachment of the 4th regiment 
‘previously been to the navy P Sain and received a field 
ate street. The cannon was 
| Court square a little south of the easterly entrance of the 
ig towards Court street. Soon after, the Artillery were 
ent of U. 8. Marines, who stood guard over the formida- 
Before eight o’clock several hundred persons had as- 


t 


g 


y) ‘M. V. M. in the city began to assemble at their 

armorie lock this morning, and soon after the streets re- 
with the strains of martial music. The troops marched to the parade 
the Common, where they formed into column, with the Lancers 
‘Dragoons on the right, the, whole under command of Maj. Gen. 


n view of the fact that the defence had occupied several days— 


said he was desirous of -bringing the case to a close, and as the Cir- — 


said or done any thing in the course of the exam- — 
The ex- | 
conclusive of two facts, that the person owed ser- | 


at record, with the testimony of Brent and the-admis- — 
y. I take léave of the case, confident in the proofs pre- _ 


sre at least until the decision | 


| : of the three windows of his office in Court square. 
was made known, arid, from that time, the crowd © 


their stores and offices. 


tarily increasing, though there has been no direct breach of — 4 


rare of 


wn by a pair of horses, | 


wi") 


PRESENTATION TO THE FUGITIVE. 


a 


Last evening one of the U. 8. Marshal’s special officers started the generous 
project of procuring an entire new suit of clothes for Burns, the fugitive, and in a 
very short time the officers had contributed some $40, with which a handsome 
suit was purchased, and this morning Burns appeared in the court room dressed - 
in anew and serviceable apparel. He expressed his warmest thanks to the 
officers for their generous and unexpected gift. , 


CLEARING THE SQUARE. 


Half past*nine o'clock, A. M. As‘soon as the announcement of the decision of 
the Commissioner was made known to the crowd on the easterly side of the 


. Court House, the police cleared the Square of all persons, other than those who 


had special business within its limits. 
A force of police was stationed at every avenue leading to the Square, with 


- orders to admit none, except those whose business required them inside. 


-MOURNING DISPLAYED. — 


Hon. John C. Park has just displayed heavy folds, of black cambrie from each 

Several of the occupants of tenements on Court street are following the ex- 
ample set by Hon. Mr. Park, and are displaying folds of black on the outside of 
Among the number are Messrs. Jacobs & Deane, A. N. 
Cook & Co., who have their awnings hung with festoons of black; J. A. An- 


-drew, Esq., at the corner of Court and Washington street, also has the windows 


of his law office festooned in mourning. | ; 

The Commonwealth office presented three American flags, dressed in mourn- 
ing, and lines of crape were stretched across the street. } 

Just after the military passed down State street, a coffin was produced and 
exhibited on the corner of State street, in front of the Commonwealth office. A 
struggle took place between those holding the coffin and the crowd, but the for- 


-mer retained possession of it. 


The coffin was subsequently taken into the building and lowered out of one 
of the windows, with the inscription of “ Liberty” on it. | 


COURT STREET. : 


Court street in front of the Court House and in the immediate vicinity, is 
filled with a mass of living beings. 


= - 


ARTILLERY PRACTICE. 


_- Teno’clock, A. M. The U.S. Artillery have just been practising loading and 


firing (without discharging) their field piece in the square, with a degree of 
quickness and skill which gave all who witnessed their moyements to under- 
stand that they were proficients in their business. 


- 18 


STATE STREET. 


Large numbers of people are thronging the sidewalks in State street, evi- 
dently expecting every-moment to see Burns pass down the street on his way 
to the vessel, which it is rumored and believed is to carry him back to Virginia. 


OFFICERS TO ACCOMPANY BURNS. 


Deputy U. S. Marshal John H. Riley, together with officers George J. Cool- 
idge, Asa O. Butman, Charles Godfrey, and Willlam Black have been detailed 


to.accompany Burhs on his passage to Virginia. 


PROCLAMATION BY THE MAYOR. 


His Honor, Mayor Smith, has issued the following proclamation, which has 
been posted about the streets : ' 

PROCLAMATION! To the Citizens of Boston. Tosecure order throughout 
the City this day, Major General Edmands, and the Chief of Police, will make 
such disposition of the respective forces under their commands, as will best 


promote that important object; and they are clothed with full discretionary 


powers to sustain the laws of the land. 

All well disposed citizens, and other persons, are urgently requested to leave 
those streets which it may be found necessary to clear temporarily, and under 
no circumstances to obstruct or molest any officer, civil or military, in the law- 
ful discharge of his duty. J. V. C. SMITH, Mayor. 

Mayor’s Office, City Hall, Boston, June 2, 1854. — 


MAJOR GENERAL EDMANDS’S COMMAND. 


The Line on the Common was formed, as before stated, and was composed of 
the following Battalions and Regiments, under command of Maj. Gen. B. F. 
Edmands : 

First Battalion Light Dragoons, Maj. T. J. Pierce; Co. A, (National Lancers,) 
Capt. Wilmarth. 4 

Co. B, (Boston Light Dragoons,) Capt. Wright. 

. 5th Reg’t Artillery, Col. Robert Cowdin; Co. A, (Boston Artillery,) Capt. 
vans. 

Co. B, (Columbian Artillery,) Capt. Cass. 

Co. C, (Washington Artillery,) Capt. 

Co. D, (Roxbury Artillery,) Capt. Burrell. 

Co. E, American Artillery,) Capt. Granger. f. 

Co. F, (Webster Artillery,) Capt. McCafferty. 

Co. G, (Bay State Artillery,) Capt. Hincks. 

€o. H, (Shields Artillery,) Capt. Young. 

5th Reg’t Light Infantry — Col. Charles L. Holbrook: Co. A, (Boston Light 
Infantry,) Capt. Rogers. ; : 

Co. B, (New England Guards,) Capt. Henshaw. 

Co. C, (Pulaski Guards,) Capt. Wright. 

Co. D, Boston Light Guard,) Capt. Follett. 

Co. E, (Boston City Guards,) Capt. French. _ 


Bi i 


| cutter to sea. 


ie ane 


Co. F, (Independent Boston Fusileers,) Capt. Cooley. 

Co. G, (Washington Light Guard,) Capt. Upton. 
. Co. H, (Mechanic Infantry,) Capt. Adams. i 

3d Battalion Light Infantry, Maj. Robert I. Burbank ; Co. A, (National Guard,) 
Lieut. Harlow, commanding. - ¢ p 

Co. B, (Union Guards,) Capt. Brown. 

Co. C, (Sarsfield Guards,) Capt. Hogan. 

Cadets — Divisionary Corps of Independent Cadets, Lieut. Col. Thomas C. 
Amory, commanding. 5 


7 


EFFORTS TO PURCHASE BURNS. 


Efforts have been making during the whole forenoon to purehase Burns, but 
‘ they haye been unsuccessful. We understand that those who here represent 


- ColozelSuttle, will listen to no He. je until the fugitive is placed on board 


the cutter. To this Burns’ frien 
at half past one. 
The arrangements for Burns’ return are said to be these. 


s demur, and in this position the matter stood 


put on board the revenue cutter Morris. The steamer John Taylor will tow the 


7 


ARRESTS, &c. 


Several arrests have been made during the forenoon. .One man was arrested 
with two pistols in his possession, and was locked up in the Centre watch 
- house. Two others were locked up for not obeying the orders of the police to 


clear the streets. 3 


THE APPEARANCE OF STATE STREET. 
The shutters of the stores on State street were closed and business was com- 


corners, but the street was kept comparatively clear by the military and police. — 


ARREST OF ONE OF THE WITNESSES. 


Jones, one of the witnesses in the slave case, was particularly earnest in his 
et appeals on State street, and the disturbance which he created fi- 
_ nally forced the police to take him in custody. ; 


THE LATEST. 


At two o'clock P. M., when our paper went to press, Burns had not been moved 
from the Court House. a 

The excitement had increased to the highest pitch. ; 
___ The buildings on State street were crowded, and the military were on the 
alert and ready for duty at a moment’s warning. 

There can be no doubt that the fugitive will be conveyed on board the vessel, 
and it is to be hoped that his release by purchase will fhe be effected. . 


‘ 


He is to be taken — 
_ from the Court House and marched to the end of Long Wharf, and from thence 


E _ pletely suspended after ten o’clock this forenoon. Crowds congregated on the Aas 


‘ 


~ 


2s te 


DECISION OF COMMISSIONER LORING. 


» = 


‘between the parties arises under the U.S. Statute of 1850, and 
erage ary that theneatiate is unconstitutional. hea 

1 is made it becomes necessary to recur to the purpose of the — 
yorts to carry into execution the provision of the constitution 
for the extradition of persons held to service or ee ope 
xto another. It is applicable, and it is applied ali = . 
the apprentice and the slave, and in reference to both, 
sand processesaré the same. = 
itive is a ministerial, and not a judicial act, an : “i, 
not altered by the means employed for its accomp = 
officer arrests a fugitive from justice or a party — in 
t determine the identity, and use his discretion and -informa- 
‘ose. When an arrest is made under this statute, the sere 
the identity are prescribed by the statute; but when the 
d the act done, it is still a ministerial act. The ee 
the means it provides for the discretion of an arresting offi- 
d thus. gives to the fugitive from So ta My much better protection 
th iti justi i er any law. 
2 ae eal Ceick: ‘the gemute and the determination of 
tis identity is the only purpose of these proceedings under it, it seems to — 


me 5 ~ "* . @ => ve. in the 
furnish a jury tri fugitive, is answered ; there is no provision 
Cons Be cacinne he ddentity of the person to be arrested should : be 
> determined by a jury. It has never been claimed for apprentices nor fugi- 


: tives from Justice, and 


wie’ at dition isa ministeri ; itute in i forthe 

And if ition isa ministerial act, to substitute in its performance, f 

; sroonertohph is eceing aeons the discretion of a Commissioner instructed 

“by testimony under oath, seems scarcely to reach to a grant of judicial power, 

$e te erestng Pee ae ts Commnnct of U. S. Courts under the 
‘power given to and used by the Commissioner Lahde pence 


unconstitutional — then so was the power gi 


As ee the laws of their respective States, but from 
gg pean an s. They were commissioned by that and that 


only difference that I can see between the acts 
aad 1850 ie rege latter reduced the number of pena me 
the appointment to those who by their professional standing shou 
ent to the p ce of their guess -“ ee bring to them 
ficates of the highest judicial tribunals of the land. 
a Bg eaasancatvent, because it gives to the anger 
Court of irginia an effect beyond its constitutional effect. The a 
tion of the fourth article of the Constitution is directory only on 
“power and as to the State Courts, and does not seek to limit the con 


me that the objection of unconstitutionality to the statute, because, itdoes not F 


if it does not belong to them it does not belong to the | 


And it is certain that if the © 


Pails ath d towns, and used by the act of 1793. These _ 
all we Dies sot sbe Uostod States— the powers they used under the © 


They were commissioned by the class instead of individually and by ~ 


81 


trol of Congress over the tribunals of the United States or the proceedings 
therein. Then in that article the term “ records and judicial proceedings ” 
refers to such inter partes and of necessity can have,no application to pro- 
ceedings avowedly ex parte. Then if the first section includes this record, 
it expressly declares as to “ records and judicial proceedings,” that Con- 
gress shall prescribe “ the effect thereof,” and this express power would seem 
to be precisely the power that Congress has used in the Statute of 1850. 

Other constitutional objections have been urged here, which have been 
adjudged and readjudged ‘by the Courts of the United States, and of many, 
of ‘the States, and the decisions of these tribunals absolve me from con- 
sidering the same questions further than to apply to them the determination 
of the Supreine Court of this State in Sim’s case, 7 Cushing, 309, that 
they “are settled by a course of legal decisions which we are bound to 
respect, and which we regard as binding and conclusive on the Court.” 

But a special objection has been raised to the record that it describes the 
escape as from the State of Virginia and omits to describe it as into another 
State in the words and substance of the Constitution. But in this the 
record follows the 10th section of the Statute of 1850, and the context of 
the section confines its action to cases of escape from one State, &c., into 
another, and is therefore in practical action and extent strictly conformable 
to the Constitution. " 

This Statute has been decided to be. constitutional by the unanimous 
opinion of the Judges of the Supreme Court of Massachusetts on the fullest 
argument and the maturest deliberation, and to be the law of Massachusetts 


as well as, and because it is, a constitutional law of the United States ;' and , 


the wise words of our revered Chief Justice in that case, 7 Cushing, 318, 
may well be repeated now, and remembered always. The Chief Justice 
says :— ; 

“Slavery was not treated, established, or perpetuated by the Constitu- 
tion ; it existed before ; it would have existed if the ‘Constitution had not 
been made. The framers of the Constitution could not abrogate Slavery, 
or the rights claimed under it. T hey took it as they found it, and regu- 
lated it to a limited extent. The Constitution, therefore, is not responsible 


_ for the origin or continuance of Slavery — the provision it contains was the 


best adjustment which could be made of conflicting rights and claims, and 
was absolutely necessary to effect what may now be considered as the gen- 
eral pacification, by which harmony and peace should take the place of vio- 
lence and war. ‘These were the circumstances, and this the spirit in which 
the constitution was made — the regulation of slavery so far as td prohibit 
States by law from harboring fugitive slaves was an essential element in its- 
formation, and the Union intended to be established by it was essentially 
necessary to the peace, happiness, and highest.prosperity of all the States. 
In this spirit and with these views steadily in prospect, it seems to be the 
duty of all judges and magistrates to expound and apply these provisions 
in the constitution and laws of the United States ; and in this spirit it be- 
hooves all persons, bound to obey the laws of the United States, to consider 
and regard them.” 

It is said that the statute, if constitutional, is wicked and cruel. The like 
harges were brought against the act of 1793; and C. J. Parker, of Massa 


‘ 


~ 


e 


82 


\ 


shnsetts, made the answer which C. ¥. Shaw cites and approves, viz: — 
‘ Whether the statute is a harsh one or not, it is not for us to determine.” 

It is said that the statute is so cruel and wicked that it should not be exe- 
tuted by good men. Then into what hands shall its administration fall, and 
in its administration what is to be the protection of the unfortunate men who 
are brought within its operation? Will those who call the.statute merciless 

_ commit it to a merciless judge ? i 

If the statute involves that right, which for us makes life sweet, and the 
want of which makes life a misfortune, shall its administration be confined 
to those who are reckless of that right in others, or ignorant or careless of 
the means given for its legal defence, or dishonest in their ‘use? If any 
men wish this,they are more cruel and wicked than the statute, for they 
would strip from the fugitive the best security and every alleviation the 


statute leaves him, ; : 
- | think the statute is constitutional, as it remains for me now to apply’it to. 


the-facts of the case. ; . ‘ 
The facts to be proved by the claimant are three : — 
1. That Anthony Burns owed him service in Virginia. 
2. That Anthony Burns escaped from ‘that service. ’ 
These facts he has proved by the record which the statute, sec. 10, de- 
.elares *‘ shall be held and taken to be full and conclusive evidence of the 
fact of escape, and that the service or labor of the person escaping is due 
to the party in such record mentioned.” . eae 
Thus these two facts are removed entirely and absolutely from my juris- 
diction; and I am entirely and absolutely precluded from applying evidence 
to them. If therefore there is in the case evidence capable of such appli- 
cation, I cannot make it. : 
The 3d fact is the identity of the party before me with ‘the Anthony 
Burns méntioned in the record. , 
This identity is the only question I have a right to consider. To this, 
: and to this alone, I am to apply the evidence ; and the question whether the 
respondent was in Virginia or Massachusetts at a certain time, is material only 
as it is evidence on the point of identity. So the parties’have used it, and the 
testimony of the complainant being that the Anthony Burns of the record was 
tn Virginia on the 19th of March last, the evidence of the respondent has been 
offered to show that he was in Massachusetts on or about the first of March 
last, and thereafter till now. ; ‘ é 
The testimony of the claimant is from a single witness, and he standing 
in circumstances which would necessarily bias the fairest mind — but other 
imputation than this has not been offered against him, and from any thing 
that has appeared before me, cannot'be. His means of knowledge are per- 
sonal, direct, and qualify him to testify confidently, and he has done so. 
The testimony on the part of the respondent is from many witnesses 
\ whose integrity is admitted, and to whom no imputation of bias can be at- 
tached by the evidence in the case, and whose means of knowledge are 
personal and direct, but in my opinion less full and complete than that of 
Mr. Brent. : 
Then between the testimony of the claimant and respondent there is a 


conflict, complete and irreconcilable. . The question of identity on such a 
* 


. to go? 


\ 


ae rot 


/ ~ 


conflict of testimony is not unprecedented n , in judici 
comenet, and the trial of Dr. Wetes Aichishod a pieimorable dtieton rit. 
ae haber tg 1s, whether there is other evidence in. this sonia 
: ite ‘ mre i: m: sis In every case of disputed identity there is one 
nl dace bP ose nowledge 1s perfect and positive, and whose evide 
ot within the reach of error, and that is the person whose identi vis 
questioned, and such evidence this case affords. The iiboaa sore ee 
Conversation which took place between Burns and th lai tae oe 
ey RMR j ie Claimant on the night 
: Sa os Pay ee es A ca atte eee was, Burns saluted 
, —— Flow do you do, Master Cu ere 
ee Brent also, and by his Christian-name —“ How iad do 
ae ey ‘ Bh the appellation « Master,” I give ng weight.) oa 
neue : ow came you here?” Burns said an accident had 
. hapy 0 him — that-he was working down at Roberts’s,on board a ves- 


sel— got tired and went to sleep, and was carried off in the vessel. 


Mr. 8. “Anthony, did I i 
pasts ever wh ? 
B. No sir. . Bivershas j 
Mr. 8. Di ver -hir ee ie 
Did I ever hire you out any where where you did not wish ‘ 
B. No Mes : Rede i . 
Mr. 8.” Have youey f 1 
De you ever asked : ee 
ee has ed me for money that I did not give it to you? 
Mr. 8S. _When-you were sick di oe oe eae ; 
7 OM : ere sick did I not pre sdk 
house, and put you upon it, and nurse you prepare you a bed in my own 
es sir. ya Ee REY: ee Sa ey 
Sorhething was said i 7. a ee 
hg about going back. i Bae Cee 
to po feck, and he said — “phe he was. oe ae pais ee. 
1s was the testimony of Mr. Bre ; ‘ PP Ms AGS ed 
ee ee : - Brent. . That’ a. conversation : place’ _ 
nearly by the testimony of Caleb Page, who was present rae fica! ; 
pi a « that Burns said he did mot come in Capt. Snow’s venank The 
Oss-examination of Breni showed that Col. Suttle said Lak I; ecay 
Se ak and I make you no threats.” att ; inane 
o me this evidence, when applied : RO Sh 
cae hae! ? pplied to the question of indentity. cor 
rig haan ay om testimony of Mr. Brent in its conflict with eae cee 
is es eee: 0 1u¢ respondent, ahd then on the whole testimony m ni nd Gy: 
de islied’ beyond a reasonable doubt of’ the identity of the Seah Sesser 
ni the Anthony Burns named in the record. Bis asc 
twas objected that this conversation was in the nature of admissi 5 


S 


Ons 


, and i 
that too of a man stupefied by circumstances and fear, and these con- — 


siderations would have weigh issi 
a ght had the admissions been used t ish the 
‘ . 9 or 
Seta - matters Ks which they referred, i. e. the imgete te ghge 
] ~~ nursing, &c.; but they were used fo 
: r no such 
pal, as evidence in reference to identity. Had they deen te ay ; 
: pe or fear, they would have been inadmissible; but of that | udesedian 
a was no evidence. ‘ anny 
n the law and facts of the i 
case, I consi i i 
certificate from me which he claims, ss he sepitied as 


: 


i 


ys ing the passage of omnibuses and other vehicles, 


ee a ad 


S4 


‘ 
/ 


d of all 
rok ae sd, the court room was cleare 
_ As soon as the decision was rendered, Rae eek Battie’ send 


'. the spectators, to allow the necessary preparations 


[ 


ing back of the fugitive. 


Court Square was also cleared of the crowds which thronged it. 


i filled with at least a dozen 
ee tories site ned fugitive when he should be 


; heads of persons anxious to witness : 
ME wal Among the spectators were several ladies Court ‘street 
'. brought out. Among f the Dragoons passed up Cour t, 
. At ten o'clock a detachment o shame, 


and d h ; 2 d ] 2 . 7 f “c ha me 


SR he man back. 
aa oD, Bae ior counsel for the defence, passed out pn St 
‘about os Fi velock, and as soon as the crowd saw him he was oe 
d twelve hearty cheers, iE 


f 


4 


a ey Race i 


BURNS’S EMBARKMENT. 


, t 


4 R ur lar edition went to pre 
cS pie ict pleated Court street, in 


ss, the Police, under Chief Taylor 
front of the Court House, prevent- 
and keeping the crowd 
f those on foot on the west of the Court House, west of the. westerly 
iveinis leading into the square from Court street. nae 
Every avenue leading to yon ae was seat 4 y : 5 ee 
*s ‘command, who, after leaving ‘ ‘ 
Beato Se trwen tees through Court street, into State re a 
‘avenue leading into which street asa - ces anabndld the M. V. M., 
ins ingress or egress of disorderly persons. 
arene fi ei ceo this streets leading to Long wharf se sie 
sdipibeatioaly clear of the thousands who had assembled, and this order was 
an 5 « . * da. ' ; a 
Pee ay be Cadets, National Guards, and Union Guards, marched, 
Court street, into Court square. 
oe bares: i stationed for some hours in Court square, i ee 
time to time sections were detailed to different parts of the streets teu 
meh it was expected that Burns would be taken, either to relieve the ig ! 
‘Dragoons or other companies who were on duty along State street, or fo 
some ot ial e. : 
"ho Majer Sear Bian and Staff entered Court square, they sel 
‘ with applause by some and hisses by others. ‘The cheers predominated, 
Pe os oes , House were 
s the preparations for the removal of Burns from the Court H 
edit: gris detachment of the Fourth Regiment United chew 
Artillery was placed in charge of the “‘ field piece,” and cartridges were 
* pewited in pouches which were borne by some of the men. 


ee, 


1 
achments from 


‘85 


The United States troops, including both the Fourth Regiment Artillery, 
and the United States Marines, from Forts Independence and Constitution, 
were marched out of the Court’ House into the Square, and each man’s 
musket was duly inspected. 

Next came out of the Court House, under commahd of Capt Peter Dun- 

bar,’Jr., one hundred and twenty special officers, employed by the United 
States Authorities, who formed ‘a hollow square, directly in front of the 
easterly entrance to the Court House. 
_ This body of special aids was well armed, each man with a drawn Roman 
sword on his right side, and a loaded revolver in ‘his belt at his left side. 
Upon their appearance, they were greeted with cheers, groans, hisses, and 
other manifestations of approval or detestation, 

These preparations having been completed, Burns was escorted out of the 
Court House by United States Marshal Freeman and some half dozen of his 
aids, who took their position in the centre of the hollow square. At this 
moment Burns appeared as indifferent as the most uninterested spectator, 
and the cries of Shame! shame! the hisses, groans, and other demonstra- 
sii which grected his appearance, did not seem in the least to excite 
im. 

The column was then formed in the following order: A detachment of 
the National Lancers on the right and left of the street; a corps of United 
States Artillery, followed by a'corps of United States Marines ; hollow 
square of special officers, in the centre of which was the United States Mar- 
shal, his aids, and the fugitive, Anthony Burns; a corps of United States 


“Marines ; the field piece, drawn by a span of horses and manned by a de- 


tachment of six of the members of the Fourth Regiment United States artil- 
lery ; a corps of United States Marines. 

The rabble attempted to force their way upon the réar of the cups of 
United States Marines, but the formidable appearance of a detachment of 
the National Lancers, and others of the M. V. M., deterred them at short 
notice from proceeding, 

At the corner of Court Square and Court street, the demonstrations were 
loud and uproarious. 

Passing down State street the procession was greeted the whole entire 
route with mingled groans, cheers, and hisses, but no attempt at rescue was 
made. The most intense interest was manifested to get a parting glimpse 
of the fugitive. 3 bs 

As the column was passing through State street, by the office of the- 
Commonwealth, the procession was greeted with a shower of cayenne pep- 
per, cowitch, or some other most noxious substance, thrown from the Com- 
monwealtle building. 

A bottle, containing a liquid, believed to be vitriol, was also thrown from 
the Commonwealth building, nearly across State street. The missile would 
have struck Joseph W. Coburn, Esq., had he not chanced to see it coming 
directly towards his head, and:dodged aside. As it was, however, the bot- 
tle struck the pavement and was dashed in pieces, and very fortunately its 
‘Ontents harmed no one. 

. The procession turned at the head of Long Wharf and proceeded down 
te back side of the wharf and thence to T wharf, at which the steamer 


Sv 
John Taylor was lying. Burns was marched directly aboard and taken to 
the cabin out of sight of the crowd. 

The wharves and vessels in the vicinity were crowded with thousands of 
persons gathered to witness the embarkation. The United States Marines 
and the company of United States troops from Fort Independence went 
down the harbor in the steamer. } 

The steamer was delayed at the wharf about one hour after Burns went 
on board. The delay was mainly occasioned by the labor of getting the 
field piece, which was drawn in the procession, aboard the steamer. 

At quarter past three, every thing was on board, and the word to cast off 
was given. At precisely twenty minutes past three, the steamer swung 
from the wharf, and proceeded down the harbor, with Revenue Cutter Mor- 
ris, which had previously been towed down to the Castle. 


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icant 


if 


reyy 


